Finks

MEMORANDUM **

Officer Anthony Bailey brings an interlocutory appeal of the district court’s order denying him qualified immunity for a 42 U.S.C. § 1983 excessive force claim filed by the family of the deceased Billy Ray Finks, Jr. Bailey seeks reversal on the grounds that (1) Bailey did not violate *977 Finks, Jr.’s civil rights; (2) the law governing Bailey’s use of deadly force against Finks, Jr. was not clearly established; and (3) no genuine issue of material fact exists as to whether a reasonable officer could have believed Bailey’s conduct was lawful.

I. Standard of Review

This court reviews de novo a district court’s denial of a qualified immunity defense. Baker v. Racansky, 887 F.2d 183, 185 (9th Cir.1989).

II. Analysis

A. Jurisdiction Over the Issues Raised on Appeal

Before reaching the merits of this interlocutory appeal, the court must decide whether it has jurisdiction over the issues raised. In Mitchell v. Forsyth, 472 U.S. 511, 530 , 105 S.Ct. 2806 , 86 L.Ed.2d 411 (1985), the Supreme Court held that a denial of summary judgment on a claim of qualified immunity is an immediately appealable “collateral order” to the extent that the denial turns on an issue of…