Carter

MEMORANDUM **

The City of North Las Vegas and its police officers, Sue Suttles, Mark Martin, Sherrie Snyder and Chief Joey Tillmon, interlocutorily appeal the district court’s order denying them qualified immunity in a civil rights action brought under 42 U.S.C. § 1983 by members of the family of Gloria Parker (collectively “the Parkers”). Parker died following an altercation with police. The district court had jurisdiction pursuant to 28 U.S.C. § 1331 . We conclude we have jurisdiction to hear this interlocutory appeal. We reverse the district court’s denial of qualified immunity.

The facts are well known to the parties and will be repeated here only as necessary to explain our decision. In determin *8 ing that genuine issues of fact precluded summary judgment on the police officers’ qualified immunity claim, the district court improperly collapsed the reasonableness element of the qualified immunity analysis with the reasonableness element of the excessive force analysis. The two issues are separate; the district court may not simply stop with a determination that a triable issue of fact exists on an element of the plaintiffs case, but must assume those facts are true and…