No. 20-1696

Jeriel Edwards v. Steven Harmon, et al.

Lower Court: Tenth Circuit
Docketed: 2021-06-08
Status: Denied
Type: Paid
Response Waived Experienced Counsel
Tags: bodycam-evidence bodycam-video civil-rights civil-rights 20-1695" civil-rights-litigation de-novo-standard excessive-force fifth-circuit-review frcp-60b4-motion inherent-court-powers jurisdictional-requirements qualified-immunity rule-54-attorney-fees section-1983 summary-judgment Whether the Fifth Circuit can refuse to review the
Key Terms:
SocialSecurity JusticiabilityDoctri
Latest Conference: 2021-09-27
Question Presented (AI Summary)

Does Scott v. Harris alter or merely implement traditional summary-judgment

Question Presented (from Petition)

QUESTION PRESENTED In Scott v. Harris, 550 U.S. 372, 380 (2007), this Court held that when a summary-judgment record includes video evidence, a court should not adopt a nonmovant’s version of facts that is “blatantly contradicted by the record, so that no reasonable jury could believe it.” Petitioner sued police officers who participated in his arrest after he was found in his stationary car, intoxicated. His § 1983 suit alleged officers used excessive force when they forced petitioner to the ground, pressed on his head and back, punched and tased him, struck him with a flashlight, and placed him in a neck restraint designed to interrupt blood flow to his brain. The officers moved for summary judgment, asserting qualified immunity and introducing evidence including one officer’s bodycam video. In opposition, petitioner relied on that video to argue that genuine disputes of material fact required resolution by a jury. See Fep. R. Civ. P. 56(c)(1). The Tenth Circuit affirmed the district court’s summary judgment, stating that petitioner’s failure to submit his own evidence influenced its analysis. The question presented is: Does Scott v. Harris alter, or merely implement, traditional summary-judgment when a nonmovant § 1983 plaintiff relies on movants’ video evidence to oppose summary judgment?

Docket Entries

2021-10-04
Petition DENIED.
2021-07-14
DISTRIBUTED for Conference of 9/27/2021.
2021-07-06
Waiver of right of respondent Steven Harmon, et al. to respond filed.
2021-06-04
Petition for a writ of certiorari filed. (Response due July 8, 2021)

Attorneys

Jeriel Edwards
Erin Glenn BusbyUniversity of Texas School of Law Supreme Court Clinic, Petitioner
Erin Glenn BusbyUniversity of Texas School of Law Supreme Court Clinic, Petitioner
Steven Harmon, et al.
Anthony Joseph FerateSpencer Fane LLP, Respondent
Anthony Joseph FerateSpencer Fane LLP, Respondent