No. 23-617

Casondra Pollreis, on Behalf of Herself and Her Minor Children, W. Y. and S. Y. v. Lamont Marzolf, et al.

Lower Court: Eighth Circuit
Docketed: 2023-12-08
Status: Denied
Type: Paid
Amici (1)Response RequestedRelisted (2) Experienced Counsel
Tags: civil-procedure dashcam-video disputed-facts eighth-circuit non-moving-party scott-v-harris standard-of-review summary-judgment video-evidence
Key Terms:
SocialSecurity FourthAmendment JusticiabilityDoctri
Latest Conference: 2024-05-23 (distributed 2 times)
Question Presented (AI Summary)

Whether a court at summary judgment is still obligated to view the evidence in the light most favorable to the non-moving party where record video does not conclusively and comprehensively capture the underlying events in dispute

Question Presented (OCR Extract)

QUESTION PRESENTED In Scott v. Harris, 550 U.S. 372 (2007), this Court recognized a narrow exception to the longstanding rule that disputed facts must be viewed in the light most favorable to the nonmoving party at summary judgment. Relying on dashcam video that captured the relevant events in their entirety, this Court explained that where a party’s “version of events is so utterly discredited by the record that no reasonable jury could have believed him,” courts at summary judgment should “view[ ] the facts in the light depicted by the videotape.” Jd. at 380-381. In this case, the court below applied Scott to inconclusive dashcam footage that captured only part of the events in dispute, holding that in light of the footage, “(t]he evidence * * * need not be viewed in the light most favorable to the nonmoving party.” App. 10a. The question presented—which Petitioner contends is appropriate for resolution either on the merits or on summary reversal—is: After Scott v. Harris, is a court at summary judgment still obligated to view the evidence in the light most favorable to the non-moving party where record video does not conclusively and comprehensively capture the underlying events in dispute?

Docket Entries

2024-05-28
Petition DENIED.
2024-05-07
DISTRIBUTED for Conference of 5/23/2024.
2024-05-03
2024-04-17
2024-03-01
Motion to extend the time to file a response is granted and the time is extended to and including April 22, 2024.
2024-02-22
Motion to extend the time to file a response from March 7, 2024 to April 22, 2024, submitted to The Clerk.
2024-02-06
Response Requested. (Due March 7, 2024)
2024-01-24
DISTRIBUTED for Conference of 2/16/2024.
2023-12-14
2023-12-07
2023-10-10
Application (23A310) granted by Justice Kavanaugh extending the time to file until December 7, 2023.
2023-10-05
Application (23A310) to extend the time to file a petition for a writ of certiorari from October 22, 2023 to December 7, 2023, submitted to Justice Kavanaugh.

Attorneys

Casondra Pollreis
Keith William Neelylnstitute for Justice, Petitioner
Anna Aleksandrovna BidwellInstitute for Justice, Petitioner
Patrick Michael JaicomoInstitute for Justice, Petitioner
Lamont Marzolf, et al.
Gabrielle Denise GibsonArkansas Municipal League, Respondent
Sara MonaghanArkansas Municipal League, Respondent
Law Enforcement Action Partnership
Meaghan Danielle NowellAlston & Bird LLP, Amicus