Can Courts systemically deny access to a jury trial in meritorious FTCA and Bivens Claims by making credibility determinations at the summary judgment level that is clearly the province of a jury as defined in Fed. R. Civ. Procedure Rule 56(a)

QUESTIONS PRESENTED 1. Can Courts systemically deny access to a jury trial in meritorious FTCA and Bivens Claims by making credibility ; determinations at the summary judgment level that is clearly the province of a jury as defined in Fed. R. Civ. Procedure Rule 56(a). 2. Can the District Court use one reasoning to grant summary judgment, and then the Appellate Court use another in a clear model of predisposition bias against a class of Appellants. 3. Can each Circuit use a different definition of “de minimis” ; force and are they allowed to come to that conclusion at the : summary judgment level without resolving all the material . disputed facts? 2