Zachery Pittman v. Herman Harris
SocialSecurity JusticiabilityDoctri
Whether the Fourth Circuit erred in deviating from other circuit holdings and announcing that Scott v. Harris directs the lower courts to examine whether a self-serving narrative is contradicted by individual pieces of the record, as opposed to the entire record, to discern if a genuine dispute of material fact exists
QUESTIONS PRESENTED 1. Whether in Scott v. Harris, 550 U.S. 372 (2007) this Court announced an “exception” to the summary judgment standard in cases commenced under 42 U.S.C. § 1983, and if not, whether the Fourth Circuit erred when it deviated from other circuit holdings and announced that Scott directs the lower courts to examine whether a_ self-serving narrative is contradicted by individual pieces of the record, as opposed to the entire record, to discern if a genuine dispute of material fact exists. 2. Whether Respondent “clearly established” his right to be free from excess foree when Respondent assaulted Petitioner in a wooded area, attempted to murder Petitioner with his service weapon, and presented a lethal threat until Petitioner fired in rapid succession.