Portillo

MEMORANDUM **

Plaintiffs-Appellants Pedro A. and Rosa E. Portillo appeal the district court’s order granting summary judgment on the basis of qualified immunity. They assert a claim under 42 U.S.C. § 1983 , contending that Officer David Montoya of the Phoenix Police Department used excessive force against them during an incident that ended in Pedro Portillo’s arrest for disorderly conduct. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Because the parties are familiar with the facts, we recount them here only as necessary to explain our disposition.

This court reviews de novo a district court’s order granting summary judgment on the basis of qualified immunity. Jackson v. City of Bremerton, 268 F.3d 646, 650 (9th Cir.2001). We will grant summary judgment when, viewing the facts in the light most favorable to the nonmoving party, there is no material issue of fact and the district court applied the correct substantive law. Id.

Appellants claim that material issues of fact exist as to whether Montoya, acting under color of state law, used excessive *455 force against them in violation of the Fourth Amendment’s prohibition of unreasonable seizures. 1 To assess this…