Gaxiola

MEMORANDUM *

The appellant, Marcos Gaxiola, administrator of the estate of Samuel Gaxiola, *509 deceased (Gaxiola), appeals the district court’s summary judgment in his 42 U.S.C. § 1983 wrongful death action against the City of Richmond Police Department and Detectives Manjit Sappal and Jeffrey Kruger. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Because the parties are familiar with the facts, we recite them only as necessary for this decision.

The appellant argues there is a genuine issue of material fact as to whether Gaxiola’s continued operation of his car posed an immediate threat of striking Kruger after the car had already struck Kruger and knocked him backwards. Thus, he contends, the district court erred in concluding as a matter of law that the officers had probable cause to believe that, at the time Gaxiola was shot, he posed a significant 'threat of injury or death to Kruger, and thus there was no constitutional injury.

In considering this argument, we first ask whether: “Taken in the light most favorable to the party asserting the injury, do the facts alleged show the officer[s’] conduct violated a constitutional right?” Saucier v. Katz, 533 U.S.…