Bryan

MEMORANDUM **

Austin Bryan and the Estate of Glenna Bryan appeal from the district court’s summary judgment in their 42 U.S.C. § 1983 excessive force action against the Las Vegas Metropolitan Police Department (METRO police) and four of its officers. We have jurisdiction to hear this appeal under 28 U.S.C. § 1291 . Because the parties are familiar with the facts, we do not recount them here except as necessary to explain our decision.

First, the district court did not err by finding that the three defendants who did not fire at Austin Bryan were entitled to summary judgment because Appellants failed to show that the officers participated in any behavior that caused the deprivation of any right. Officers who are merely present at the time of an unlawful search cannot be held liable under § 1983 without evidence of “either integral participation or personal involvement.” Jones v. Williams, 297 F.3d 930, 936 (9th Cir.2002). Appellants do not allege that these three officers fired shots or engaged in any other activities that might be construed as excessive force. See Duran v. City of Maywood, 221 F.3d 1127, 1131 (9th Cir.2000) (concluding *134 that uniformed officers did not act…

concurring in part and dissenting in part:

I would uphold the district court’s grant of summary judgment as to all defendants, including Officer Rubio. I acknowledge that the district court concluded that “[wjhether the officers actually announced their presence is in dispute.” However, the district court also recognized that there were other important, uncontested facts at issue in this case, and understood that we are to analyze such cases with an eye towards “the totality of the facts and circumstances in the particular case.” Blanford v. Sacramento County, 406 F.3d 1110, 1115 (9th Cir.2005). Specifically, the district court noted that it was undisputed that the officers had a firsthand report that Bryan had threatened an individual with a gun, that Bryan answered the door with his gun pointing out the door, and that Bryan failed to immediately drop his gun to the ground when the officers ordered him to do so. Additionally, Bryan lived in a neighborhood that was so dangerous that his mother slept each night with a gun under her pillow for protection.

*136 I respectfully disagree with the majority’s view that the decision in Sledd v. Lindsay, 102 F.3d 282 (7th Cir.1996), is…