Garcia

*589 MEMORANDUM *

The Estate of Fernando Garcia and several of his survivors appeal from the district court’s order granting summary-judgment in favor of Deputy Sheriff Seth Dawson and Santa Clara County. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Appellants assert that Dawson unreasonably used deadly force against Fernando Garcia in violation of the Fourth Amendment, and that the district court therefore erred in its determination that Dawson was entitled to qualified immunity because the officer reasonably believed Garcia was armed and intent on harming him. We consider first whether there are genuine issues of material fact regarding the reasonableness of Dawson’s conduct. See Saucier v. Katz, 583 U.S. 194 , 201, 204-05, 121 S.Ct. 2151 , 150 L.Ed.2d 272 (2001).

There is no genuine dispute that Garcia was in possession of a semiautomatic handgun; Dawson’s testimony that Garcia was armed was corroborated by his criminal partner, Solorzano, and Appellants’ imaginative suggestion that the gun found next to Garcia at the scene of the shooting was planted by the officers is unsupported by any evidence. There does, however, appear to be a genuine factual…