Whether a party may successfully oppose summary judgment by challenging the credibility of the movant, especially when the movant is the only living witness to the events at issue

QUESTION PRESENTED A police shooting case where the defendant officer has killed the only other witness to the incident presents difficult questions. The circuits are divided on whether the officer’s motion for summary judgment may be defeated by relying on facts undermining the officer’s credibility, including, as in this case, the fact that the officer has been convicted of a crime that involved a dishonest act or false statement. The Seventh Circuit and the First Circuit refuse to consider the credibility of the movant in ruling on a motion for summary judgment; the Third, Fourth, Fifth, Eighth, Ninth, and District of Columbia Circuits permit the party opposing summary judgment to challenge the movant’s credibility. The question presented is: May a party successfully oppose summary judgment by challenging the credibility of the movant, especially when the movant is the only living witness to the events at issue? @