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 Spinharney (it would have been reasonable for Spinharney to infer from the teenager's warning that Zuchel had brandished a knife during the heated exchange).

We recognize that we distinguished Walker's statement of the law in our opinion in Estate of Larsen, 511 F.3d 1255. But the distinction we made in that case was that the victim had made "hostile actions toward" the officer. Id. at 1263. We said that "[t]he undisputed facts here show that [the victim] ignored at least four police commands to drop his weapon and then turned and stepped toward the officer with a large knife raised in a provocative motion." Id. In contrast, the evidence in this case would support a finding that Tenorio took no hostile or provocative action toward the officers.

We conclude that the district court, given its unreviewable assessment of the evidence, did not err in denying the qualified-immunity motion for summary judgment. We note, however, that because our review is predicated on the district court's assessment of the evidence in the light most favorable to Tenorio, a contrary judgment may be permissible after a trial to a jury.

We AFFIRM the district court’s denial of summary judgment.

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