Kenny

MEMORANDUM **

Kevin Kenny appeals the district court’s order granting summary judgment to Defendants on the basis of qualified immunity. Kenny brought a § 1983 and Bivens action against Defendants, all of whom are Naval employees, alleging that they violated his Fourth Amendment rights by unlawfully detaining and using excessive force against him near the Naval Base Ventura County (“NBVC”). We affirm in part, reverse in part, and remand.

We review a district court’s grant of summary judgment de novo. Buono v. Norton, 371 F.3d 543, 545 (9th Cir.2004).

Kenny’s § 1983 claim is without merit. Federal officials who act under color of federal law are not subject to liability under 42 U.S.C. § 1983 . District of Columbia v. Carter, 409 U.S. 418, 424-25 , 93 S.Ct. 602 , 34 L.Ed.2d 613 (1973). Because it is undisputed that Defendants were federal police officers at the NBVC and were acting in their official capacity, the district court properly granted summary judgment on this claim.

We reverse the district court’s grant of summary judgment on Kenny’s claim that, under Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 , 91 S.Ct. 1999 , 29 L.Ed.2d 619…