Lehman

MEMORANDUM **

In this interlocutory appeal, defendant police officers Tom Robinson and Robert Tygard challenge the district court’s denial of their motion for summary judgment based on qualified immunity for the shooting death of Josha Lehman. We review the district court’s denial of qualified immunity de novo, construing all disputed facts in the light most favorable to the party asserting injury, and we affirm. See, e.g., Beier v. City of Lewiston, 354 F.3d 1058, 1063 (9th Cir.2004). Since the parties are familiar with the facts, we will not recite them here except as necessary to explain our reasoning.

Government officials enjoy qualified immunity from civil damages unless their conduct violates “clearly established constitutional or statutory rights of which a reasonable person would have known.” Harlow v. Fitzgerald, 457 U.S. 800, 818 , 102 S.Ct. 2727 , 73 L.Ed.2d 396 (1982). In analyzing whether a particular official is entitled to qualified immunity, we must address two questions, in a particular order. First, we consider whether the facts alleged show the officer’s conduct violated a constitutional right. See Saucier v. Katz, 533 U.S. 194 , 201, 121 S.Ct. 2151 , 150…