UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT ROCHELLE SCOTT, individually, No. 23-15480 and as co-special administrator of the estate of ROY ANTHONY SCOTT; D.C. No. FREDRICK WAID, as co-special 2:20-cv-01872- administrator of the estate of ROY RFB-EJY ANTHONY SCOTT,

Plaintiffs-Appellees, OPINION

v. KYLE SMITH; THEODORE HUNTSMAN; LAS VEGAS METROPOLITAN POLICE DEPARTMENT,

Defendants-Appellants.

Appeal from the United States District Court for the District of Nevada Richard F. Boulware II, District Judge, Presiding

Argued and Submitted May 13, 2024 Phoenix, Arizona

Filed July 30, 2024 2 SCOTT V. SMITH

Before: Roopali H. Desai and Ana de Alba, Circuit Judges, and Philip S. Gutierrez, * District Judge.

Opinion by Judge Desai

SUMMARY **

Qualified Immunity / Excessive Force

The panel affirmed the district court’s denial of qualified immunity to Las Vegas Metropolitan Police Department officers on a