Anderson

MEMORANDUM **

Defendants appeal denial of their motion for summary judgment based on qualified immunity. We reverse. Because the parties are familiar with the factual and procedural history of this case, we will not recount it here. We review a denial of qualified immunity de novo. Lee v. Gregory, 363 F.3d 931, 933 (9th Cir.2004).

In deciding whether an officer is entitled to qualified immunity, we must determine whether “ ‘[t]aken in the light most favorable to the party asserting the injury, do the facts alleged show the officer’s conduct violated a constitutional right?’” Brosseau v. Haugen, — U.S.-, 125 S.Ct. 596, 598 , 160 L.Ed.2d 583 (2004) (quoting Saucier v. Katz, 533 U.S. 194 , 201, 121 S.Ct. 2151 , 150 L.Ed.2d 272 (2001)).

In general, an investigatory stop is only justified if there exists some objective manifestation that the person stopped is, or is about to be, engaged in criminal activity. United States v. Cortez, 449 U.S. 411, 417 , 101 S.Ct. 690 , 66 L.Ed.2d 621 (1981). The question is whether reasonable suspicion existed at the moment Anderson submitted to the officer’s authority. See California v. Hodari D., 499 U.S. 621, 627 , 111 S.Ct. 1547 , 113 L.Ed.2d 690…