Janet Hubert; David Booker, Plaintiffs-appellants, v. City of Burbank; Richard Madrid, Sgt., Individually & As Apeace Officer; Michael Gibbons; William Taylor;jerry Gibbons; Gary Seymour; Markyamaguchi; Tom Kister,defendants-appellees, 139 F.3d 905 (9th Cir. 1998)

MEMORANDUM^* 

Janet Hubert and David Booker appeal from the district court's summary judgment for defendants in their 42 U.S.C. § 1983 action alleging that they were subject to an unreasonable seizure in violation of the Fourth Amendment. Hubert appeals from the district court's summary judgment for defendants on her claim that defendants used excessive force against her in violation of the Fourth Amendment. We have jurisdiction pursuant to 28 U.S.C. § 1291. We review de novo the district court's grant of summary judgment, see Allen v. City of Los Angeles, 66 F.3d 1052, 1055 (9th Cir. 1995), and we affirm.

Even accepting appellants' account of events as true, we are unable to conclude, considering the totality of circumstances, that defendants conduct was unreasonable. See Washington v. Lambert, 98 F.3d 1181, 1185-90 (9th Cir. 1996); Allen, 66 F.3d at 1056-57.

Similarly, even accepting appellants' account of events as true, we are unable to conclude that the amount of force used by defendants against Hubert was excessive. See Liston v. County of Riverside, 120 F.3d 965, 976 (9th Cir. 1997); Eberle v. City of Anaheim, 901 F.2d 814, 820 (9th Cir. 1990).

AFFIRMED.