Zavala

MEMORANDUM *

Appellant Martin Zavala appeals the district court’s grant of judgment as a matter of law to defendants in Zavala’s 42 U.S.C. § 1983 action alleging excessive force by Los Angeles Police Department (LAPD) Sergeant Eugene Lewis. Zavala also appeals the district court’s dismissal of his California state law battery claim. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

*528 “Under the Fourth Amendment, police may [use only] such force as is objectively reasonable under the circumstances.” Jackson v. City of Bremerton, 268 F.3d 646, 651 (9th Cir.2001) (internal quotation omitted). “Not every push or shove, even if it may later seem unnecessary in the peace of a judge’s chambers, violates the Fourth Amendment.” Graham v. Connor, 490 U.S. 386, 396 , 109 S.Ct. 1865 , 104 L.Ed.2d 443 (1989) (internal citation and quotations omitted). Rather, “[t]he calculus of reasonableness must embody allowance 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.” Id. at 396-97 , 109 S.Ct. 1865 .…