Vlasak
Vlasak v. Las Vegas Metropolitan Police Department
Opinion
Lead Opinion
MEMORANDUM *
In this 42 U.S.C. § 1983 action, Dr. Jerry Vlasak and his wife, Pamelyn Vlasak, appeal the district court’s grant of summary judgment to all defendants. The district court ruled that the Vlasaks failed to raise any genuine issues of material fact to support their federal and state law claims against Officer Jack Brandon, Officer Ronald Fox, and the Las Vegas Metropolitan Police Department (“LVMPD”), stemming from an incident that occurred at the Monte Carlo Hotel in Las Vegas, Nevada, in March 2001.
I
We review summary judgment de novo, and we may affirm for any reason supported by the record. Wallis v. J.R. Simplot Co., 26 F.3d 885, 888 (9th Cir.1994). We also review de novo the district court’s qualified immunity determination. Elder v. Holloway, 510 U.S. 510, 516 , 114 S.Ct. 1019 , 127 L.Ed.2d 344 (1994). Qualified immunity is appropriate unless the evidence shows that (1) the officers violated the Vlasaks’ constitutional rights, and (2) the rights violated were clearly established. See Saucier v. Katz, 533 U.S. 194 , 201, 121 S.Ct. 2151 , 150 L.Ed.2d 272 (2001).
II
Viewing the record in the light most favorable to the Vlasaks, see Devereaux v. Abbey, 263 F.3d…