Salsbury

MEMORANDUM ***

This consolidated appeal arises out of events that occurred during Critical Mass bicycle protests in Berkeley, California, in 2001. The district court granted defendants summary judgment on all of plaintiffs’ claims, except for Evan Payne’s Fourth Amendment claim against Matthew Meredith and the City of Berkeley. The district court denied summary judgment on Payne’s Fourth Amendment claim because it concluded that Meredith was not entitled to qualified immunity. Plaintiffs appeal the district court’s grant of summary judgment, and defendants cross-appeal the district court’s denial of summary judgment. We have jurisdiction pursuant *614 to 28 U.S.C. § 1291 , 1 and we affirm in part, reverse in part, and remand.

“We review de novo a district court’s decision to grant or deny summary judgment.” 2 Prison Legal News v. Lehman, 397 F.3d 692, 698 (9th Cir.2005). We apply the same standard used by the trial court under Rule 56 of the Federal Rules of Civil Procedure.” Id. We must determine, viewing the evidence in the light most favorable to the nonmoving party, whether there are any genuine issues of material fact and whether the district court correctly applied the…