Flores

MEMORANDUM *

National City, California police officer Steve Mike Shephard 1 seeks, by interlocutory appeal, reversal of the district court’s denial of Shephard’s motion for summary judgment based on qualified immunity in this 42 U.S.C. § 1983 action filed by Antonio Flores, Juana Flores, and their children (the Flores family) alleging that they were wrongfully detained in a J.C. Penney store. We affirm.

Although a party may generally appeal from a district court’s determination regarding qualified immunity, the United States Supreme Court has held that “a defendant, entitled to invoke a qualified immunity defense[ ] may not appeal a district court’s summary judgment order insofar as that order determines whether or not the pretrial record sets forth a ‘genuine’ issue of fact for trial.” Johnson v. Jones, 515 U.S. 304, 319-20 , 115 S.Ct. 2151 , 132 L.Ed.2d 238 (1995). Shephard, however, does not contest the sufficiency of the evidence or base his appeal on disputed issues of fact. Rather, Shephard recognizes the appropriate summary judgment standard and contends that, even after resolving the issues of fact in the Flores family’s favor, the Flores family has not demonstrated that…