Barnard

MEMORANDUM *

Charles and Rita Barnard appeal from the district court’s order granting summary judgment in favor of Appellees Las Vegas Metropolitan Police Department (“LVMPD”) and Officers Steven Radmano-vich, Greg Theobald, and Gary Clark (“the officers”). We affirm in part, reverse in part, and remand to the district court. Because the parties are familiar with the factual and procedural history of this case, we need not recount it here.

In analyzing these claims, we employ the familiar analysis mandated by the Supreme Court in Saucier v. Katz, 533 U.S. 194 , 121 S.Ct. 2151 , 150 L.Ed.2d 272 (2001), namely to determine whether (a) the facts that the plaintiff has alleged or shown make out a constitutional violation, and (b) if so, whether the constitutional right at issue was clearly established at the time of the violation. Id. at 201, 121 S.Ct. 2151 . The Supreme Court recently modified the Saucier analytical framework in Pearson v. Callahan, 555 U.S.-, 129 S.Ct. 808 , 172 L.Ed.2d 565 (2009). Under Pearson , the decisional sequence required by Saucier is no longer mandatory; we are “permitted to exercise [our] sound discretion in deciding which of the two prongs of the…