Lvmpd

MEMORANDUM

Ronald Joseph Sr. and Janie Joseph sued the Las Vegas Metropolitan Police Department and Officer Sara Bradshaw under 42 U.S.C. § 1983 for the fatal officer-involved shooting of their son, Ronald Joseph Jr. (“Ron”). They allege that Bradshaw’s use of deadly force was excessive under the Fourth Amendment and shocked the conscience under the Fourteenth. They further contend that the Department’s policies contributed to the alleged constitutional violations. Bradshaw and the Department moved for summary judgment on all claims and prevailed. The Josephs timely appealed. We affirm.

The Josephs argue that genuine disputes of material fact remain on their excessive force claim. We disagree. Whether or not genuine disputes remain, none is material. The relevant facts are undisputed: as Bradshaw approached Ron, she thought that he was committing an armed robbery. She commanded him to drop his gun and get on the ground. He did not. Instead, he charged Bradshaw. Whether, as he charged, he also pointed his gun at Bradshaw is ultimately irrelevant. Either way, he posed an immediate threat to her safety. Cf. Blanford v. Sacramento Cnty., 406 F.3d 1110 , 1116 (9th Cir.2005)…