In a 42 USC § 1983 action where videos capturing the claimed use of excessive force are open to multiple interpretations as to whether the use of lethal force was objectively reasonable because of an 'actual or imminent' threat to officers or third parties, does Scott v. Harris, 550 U.S. 372, 127 S.Ct 1769, 167 L.Ed. 2d 686 permit the court to decide the excessive force issue on summary judgment?

QUESTIONS PRESENTED In Scott v. Harris, 550 U.S. 372, 127 S.Ct 1769, 167 L.Ed. 2d, 686, (2007) the Supreme Court reversed the Eleventh Circuit Court of Appeal’s affirmation of the district court’s summary judgment order permitting a Fourth Amendment claim to proceed against a deputy. Scott acknowledged that on summary judgment, facts must be viewed in the light most favorable to the nonmoving party. It found, however, that a video taken of the events capturing an excessive force claim blatantly contradicted plaintiff’s version of the facts. Based upon the video and evidence of a high-speed chase preceding the shooting, it held that the deputy’s use of lethal force was objectively justified. Since Scott, decisions out of the Ninth and Tenth Circuits have used Scott as precedent for granting summary judgments in excessive force cases based upon their own interpretation of videos, even where plausible, alternative interpretations result in material disputes concerning the objective reasonableness of the officer’s conduct. Other circuits, including the Sixth, Seventh and Eighth have issued decisions suggesting that summary judgment should be denied unless videos blatantly contradict plaintiff’s version of the facts. Review should be granted to address these issues and clarify the Supreme Court’s holding in Scott. One question is presented: In a 42 USC § 1983 action where videos capturing the claimed use of excessive force are open to multiple interpretations as to whether the use of lethal force was u objectively reasonable because of an “actual or imminent” threat to officers or third parties, does Scott v. Harris, 550 U.S. 372, 1278.Ct 1769, 167 L.Ed. 2d 686 permit the court to decide the excessive force issue on summary judgment?