No. 20-43

Amanda N. Reich, et al. v. City of Elizabethtown, Kentucky, et al.

Lower Court: Sixth Circuit
Docketed: 2020-07-17
Status: Denied
Type: Paid
Experienced Counsel
Tags: civil-rights due-process police-shooting qualified-immunity section-1983 sham-affidavit summary-judgment
Key Terms:
FourthAmendment JusticiabilityDoctri
Latest Conference: 2020-09-29
Question Presented (AI Summary)

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

Question Presented (OCR Extract)

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.

Docket Entries

2020-10-05
Petition DENIED.
2020-09-02
DISTRIBUTED for Conference of 9/29/2020.
2020-09-01
Reply of petitioners Amanda Reich, et al. filed. (Distributed)
2020-08-14
Brief of respondents City of Elizabethtown, et al. in opposition filed.
2020-06-22
Petition for a writ of certiorari filed. (Response due August 17, 2020)

Attorneys

Amanda Reich, et al.
Paul Whitfield HughesMcDermott Will & Emery, Petitioner
City of Elizabethtown, et al.
Jason B. BellBell, Hess & Van Zant, PLC, Respondent