Court of Appeals for the Ninth Circuit November 12, 2003, No. 02-56398; D.C. No. CV-98-01990-GAF (Smith v. City of San Bernardino)

MEMORANDUM *

Jonathan Smith (“Smith”) appeals the district court’s grant of a directed verdict in favor of Officer David Green (“Green”) in Smith’s claim, brought under 42 U.S.C. § 1983, that Green violated his Fourth Amendment rights by using unjustified deadly force to apprehend Smith following an armed robbery.