Estate of Martinez v. City of Federal Way

MEMORANDUM *

The appellants appeal the district court’s order granting partial summary judgment in favor of Officer Miguel Monico (“Monico”) on appellants’ state and federal claims arising out of Monico’s alleged use of excessive force. They also appeal the court’s order dismissing all remaining claims against Monico and the City of Federal Way. We affirm.

A. Qualified Immunity

An officer may reasonably use deadly force when he “has probable cause to believe that the suspect poses a threat of serious physical harm, either to the officer[s] or to others.” Tennessee v. Garner, 471 U.S. 1, 11 , 105 S.Ct. 1694 , 85 L.Ed.2d 1 (1985). In determining whether a particular use of force was reasonable, the court must view the relevant events from the perspective of a reasonable officer on the scene and must allow “for the fact that police officers are often forced to make split-second judgments — in circumstances that are tense, uncertain, and rapidly evolving — about the amount of force that is necessary in a particular situation.” Graham v. Connor, 490 U.S. 386, 397 , 109 S.Ct. 1865 , 104 L.Ed.2d 443 (1989).

Viewing the undisputed facts in the light most favorable to the appellants,…