Holter ex rel. Holter v. City of Pasadena

MEMORANDUM *

In this qualified immunity appeal, we review the district court’s order of summary judgment de novo, and construe all disputed facts in the light most favorable to the non-moving party. See, e.g., Beier v. City of Lewiston, 354 F.3d 1058, 1063 (9th Cir.2004). Government officials enjoy qualified immunity from civil damages unless then* conduct violates “clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v. Fitzgerald, 457 U.S. 800, 817 , 102 S.Ct. 2727 , 73 L.Ed.2d 396 (1982). In analyzing whether an 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 L.Ed.2d 272 (2001). Second, and only if a constitutional right was violated, we consider whether the right was clearly established such that a reasonable officer would *3 believe the alleged conduct to be unlawful. See id.

Construing the facts in the light most favorable to Mr. Holter’s widow and child, including crediting the testimony of the…