Rettele

MEMORANDUM **

Plaintiffs Max Rettele and Judy Sadler brought a § 1983 action against Defen *766 dants Los Angeles County, the Los Angeles County Sheriffs Department, Sheriffs Deputy Dennis Watters, and several other members of the Los Angeles County Sheriffs Department alleging that they violated Plaintiffs’ Fourth Amendment rights by conducting an unlawful and unreasonable search and detention. Plaintiffs appeal the district court’s summary judgment order granting qualified immunity to Defendants. We review de novo both the district court’s grant of summary judgment, see Buono v. Norton, 371 F.3d 543, 545 (9th Cir.2004), and its qualified immunity determination, see Sissoko v. Rocha, 440 F.3d 1145, 1164 (9th Cir.2006). We have jurisdiction under 28 U.S.C. § 1291 , and we reverse.

“The determination of whether a law enforcement officer is entitled to qualified immunity involves a two-step analysis.” Moreno v. Baca, 431 F.3d 633, 638 (9th Cir.2005) (citing Saucier v. Katz, 533 U.S. 194 , 201, 121 S.Ct. 2151 , 150 L.Ed.2d 272 (2001)). First, we must determine whether the officer’s conduct violated a constitutional right. See id. If we find that the officer violated Plaintiffs’…

I respectfully dissent. The officers had the authority to detain Plaintiffs for the duration of the search, without regard to the color of Plaintiffs’ skin, the extent of the pre-warrant investigation, or the lack of emergent circumstances, because a properly granted and unquestionably legal warrant existed to search the Loneoak address and Plaintiffs were occupants of that address at the time of the search. See Muehler v. Mena, 544 U.S. 93, 98 , 125 S.Ct. 1465 , 161 L.Ed.2d 299 (2005) (“An officer’s authority to detain incident to a search is categorical; it does not depend on the quantum of proof justifying the detention or the extent of the intrusion to be imposed by the seizure”) (internal quotation marks and citation omitted). Further, the officers were justified in ordering Plaintiffs out of bed at gunpoint, even though they were naked, not only because the officers had the authority to exercise unquestioned command of the situation in effectuating Plaintiffs’ detention, but also because weapons could have been concealed under the bed covers. See id. at 99 , 125 S.Ct. 1465 (“[T]he risk of harm to officers and occupants is minimized if the officers routinely exercise…