Amanda N. Reich, et al. v. City of Elizabethtown, Kentucky, et al.
FourthAmendment JusticiabilityDoctri
Whether the Sixth Circuit's extreme approach to the 'sham-affidavit' rule should be overturned in favor of the more flexible standards prevailing in other circuits
QUESTIONS PRESENTED In this Section 1983 police-shooting case, the district court struck the sworn affidavit of petitioner Amanda Reich from the summary judgment record, and then used the absence of that affidavit to conclude that there was no genuine dispute of fact material to respondents’ claim of qualified immunity for shooting and killing petitioner’s mentally ill fiancé. The questions presented are: 1. Whether the Sixth Circuit’s extreme approach to the “sham-affidavit” rule should be overturned in favor of the more flexible standards prevailing in other circuits. 2. Whether the Court should recalibrate or reverse the doctrine of qualified immunity.