Before Jones, Willett, and Engelhardt, Circuit Judges. Kurt D. Engelhardt, Circuit Judge: Marcus McVae was pulled over for a traffic violation, gave the officer a fake identity, fled on foot, and was undeterred by the officer’s taser. Once the officer caught up to him, a physical altercation ensued. McVae broke free from the altercation and threw a rock at the officer before attempting to flee again. The officer then fatally shot him. McVae’s parents sued the officer under 42 U.S.C. § 1983, alleging that he used excessive force in violation of McVae’s Fourth Amendment right to be free from unreasonable seizure. The district court granted summary judgment for the officer. We AFFIRM. I. A. Texas State Trooper Jesse Perez was patrolling Interstate 10 in Kendall County, Texas on April 11, 2019, when he pulled over a white sedan for following another vehicle too closely.[1] Trooper Perez advised the driver of the reason for the stop and asked for his license. Upon noticing that the vehicle was a rental car, he asked for the rental car agreement too. The driver seemingly searched for the documents in his car and pockets without success, prompting Trooper Perez to ask him to step out of the car. The driver exited the car and informed Trooper Perez that he did not have his license on him. While we now know that this driver was Marcus McVae, Trooper Perez was unaware of his identity at the time. Instead, McVae told Trooper Perez that his name was Montrea McCullough, that he was born on June 1, 1991, and that he could not remember his social security number or driver’s license number. Trooper Perez asked both McVae and his passenger several questions over approximately ten minutes before returning to his patrol car to look up “Montrea McCullough.” Apparently having difficulties locating a “Montrea McCullough” in the system, Trooper Perez asked his age. McVae responded “twenty-six,” despite that the birthday he gave made him almost twenty-eight. When questioned further, McVae confirmed that Trooper Perez had his correct birthday and the correct spelling of his name, but he eventually admitted that he is not a licensed driver. After receiving McVae’s consent, Trooper Perez patted him down and removed a vape pen from his pocket. He then gave McVae one last opportunity to honestly identify himself. When McVae again failed to identify himself, Trooper Perez consensually searched his pockets, instructed him to put his hands behind his back, and informed him that he was being detained until his identity could be determined. As Trooper Perez attempted to handcuff him, McVae broke free and sprinted across the interstate. Trooper Perez immediately jumped in his patrol car and drove momentarily before exiting the vehicle to chase McVae on foot. He followed McVae into a wooded area and across a shallow creek while yelling, “Get on the ground!” and “I’m going to shoot you!” before deploying his taser. It is unclear whether the taser made contact with McVae, who continued to run undeterred. McVae eventually tripped, allowing Trooper Perez to catch up to him. Trooper Perez continued yelling at McVae to get on the ground while tasing him. McVae, still apparently unphased by the taser, struck Trooper Perez, and a physical altercation on the ground ensued. During this altercation— which left Trooper Perez with a broken finger—an out-of-breath Trooper Perez repeatedly yelled at McVae to put his hands behind his back. McVae refused to comply and fought back, even after Trooper Perez repeatedly struck him with his fists and baton. McVae eventually managed to break free from Trooper Perez’s grasp and stood up facing Trooper Perez, next to several rocks. Trooper Perez then moved so his body camera no longer captured McVae, right as a rock at least the size of a softball whirled past him from McVae’s direction. Trooper Perez then immediately fired his gun four times, all within less than 2.5 seconds of when the rock passed him. He ceased shooting when he saw McVae fall into a creek. An autopsy revealed that three of the shots hit McVae, all from behind. Two of the shots were fatal. Trooper Perez testified that he unholstered his gun when he saw McVae reach for a rock, and that he decided to fire the gun when he saw McVae throw the rock at his head. B. McVae’s parents, Plaintiffs-Appellants Ethel McVae and Wiley West, sued Trooper Perez under 42 U.S.C. § 1983, alleging that he used excessive force in violation of McVae’s Fourth Amendment right to be free from unreasonable seizure. Trooper Perez sought summary judgment on the basis that he is entitled qualified immunity. Relying on Trooper Perez’s body camera footage, the district court granted his motion for summary judgment. Plaintiffs appeal that decision. II. A. We review orders granting summary judgment de novo. In re La. Crawfish Producers, 852 F.3d 456, 462 (5th Cir. 2017). Summary judgment is typically proper “if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.” Fed. R. Civ. P. 56(a). A defendant’s “good-faith assertion” of qualified immunity in a motion for summary judgment shifts this burden, however. Ratliff v. Aransas County, 948 F.3d 281, 287 (5th Cir. 2020). To survive summary judgment, the plaintiff must then present evidence demonstrating that the defense does not apply. Id. There is no genuine dispute if a reasonable jury could not return a verdict for the plaintiff. Roger Poole v. City of Shreveport, 691 F.3d 624, 627 (5th Cir. 2012).[2] We review summary judgment evidence in the light most favorable to the nonmoving party. Carnaby v. City of Houston, 636 F.3d 183, 187 (5th Cir. 2011). But when video footage captures the incident at issue, we rely on the facts depicted in the footage. Id. (citing Scott v. Harris, 550 U.S. 372, 381 (2007)). B. The only contested material fact is whether McVae threw the rock that flew past Trooper Perez. The record contains two relevant pieces of evidence: Trooper Perez’s testimony that McVae threw the rock at him, and the body camera footage, which verifies Trooper Perez’s testimony. While the body camera footage does not show McVae throwing the rock, the rock came from his direction while he was standing near several rocks and facing Trooper Perez. It is undisputed that only Trooper Perez and McVae were present, eliminating anyone else. And given the size of the rock, and the speed and angle at which it flew past Trooper Perez, no reasonable jury could conclude that the rock was inadvertently kicked. Plaintiffs do not provide any other explanation for the source of the rock. Because McVae is deceased and there were no other witnesses, the body camera footage and Trooper Perez’s testimony that McVae threw the rock are the only evidence that would be presented at trial. Simply because the footage does not show McVae throwing the rock does not necessarily create a genuine dispute. Reviewing the evidence in the light most favorable to Plaintiffs, as we must for summary judgment, no reasonable jury could conclude that McVae did not throw the rock at Trooper
