Sami Azmi, et al. v. John Sylvester Penny
SocialSecurity FourthAmendment DueProcess
Does a court's obligation to view the evidence in the light most favorable to the plaintiff allow it to ignore undisputed clear video evidence that would require the court to draw inferences against the plaintiff's claim of excessive force and the unlawfulness of the defendants' conduct?
QUESTION PRESENTED Inruling on a claim for qualified immunity raised ina motion for summary judgment, does a court’s obligation to view the evidence in the light most favorable to the plaintiff allow that court to ignore undisputed clear video evidence which, if considered, would require the court to draw the inference that the force used by the defendants was not excessive, and the further inference that the unlawfulness of the defendants’ conduct was not clearly established? u PARTIES Petitioners Sami Azmy and Jonathan Concetti are both members of the Los Angeles Police Department. Each Petitioner was a defendant in the district court and an appellant in the Ninth Circuit Appeal from which this petition is taken. Respondent Jonathan Sylvester Penny was the plaintiff in the district court and the appellee in the Ninth Circuit.