No. 25-6613

Dustin Matthews v. City of Tempe, Arizona, et al.

Lower Court: Ninth Circuit
Docketed: 2026-01-16
Status: Pending
Type: IFP
IFP
Tags: appellate-review civil-procedure due-process ninth-circuit rule-56 summary-judgment
Key Terms:
SocialSecurity
Latest Conference: N/A
Question Presented (AI Summary)

Whether the Ninth Circuit improperly applied Rule 56 summary judgment standards by failing to credit record evidence and resolving factual disputes in favor of the moving party

Question Presented (from Petition)

1. Whether the Ninth Circuit departed from this Court ’s Rule 56 jurisprudence by sanctioning summary judgment where the district court failed to credit, acknowledge, or address record evidence favorable to the nonmovant, instead resolving factual disputes and engaging in speculation in favor of the moving party, contrary to Tolan v. Cotton, 572 U.S. 650 (2014), Reeves v. Sanderson Plumbing Prods., Inc., 530 U.S. 133 (2000), and Anderson v. Liberty Lobby, Inc., 477 U.S. 242 (1986). 2. Whether an appellate court denies meaningful review and fails to conduct the required de novo review when it sanctions summary judgment without addressing record evidence cited by the appellant, defers to a procedurally flawed district court ruling, or refuses to review the underlying record necessary to determine compliance with Rule 56, contrary to Tolan v. Cotton, Ornelas v. United States, 517 U.S. 690 (1996), and Agyeman v. I.N.S., 296 F.3d 871 (9th Cir. 2002). 3. Whether a district court effectively enters a directed verdict under the guise of summary judgment, sanctioned on appeal, when it disregards or rejects the nonmovant ’s evidence and version of events without explanation, draws inferences in favor of the moving party, or substitutes speculation for record based analysis, in violation of Rule 56 and the Seventh Amendment. 4. Whether continued application of the McDonnell Douglas framework at summary judgment, without first requiring courts to credit record evidence as Rule 56 mandates, conflicts with this Court ’s precedent prohibiting the weighing of evidence and the resolution of factual disputes, particularly in the context of modern employment litigation. 5. Whether due process and fundamental fairness under the Fifth and Fourteenth Amendments require a meaningful remedy when both the district and appellate courts sanction summary judgment based on factual findings contradicted by the evidentiary record, leaving no effective mechanism to enforce this Court ’s Rule 56 precedents. Accordingly, the questions presented ask whether courts may sanction summary judgment while failing to credit record evidence, review the complete record, or apply controlling Supreme Court precedent, and whether appellate courts may shield such errors from meaningful review. In simple terms, this petition presents a national question about whether Rule 56 is still being enforced as this Court has instructed, or whether judgments entered without performing that required process may nonetheless stand. When that occurs, the issue is no longer the merits of an individual case, but whether the governing standards themselves remain operative. iii.

Docket Entries

2025-12-29
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 17, 2026)

Attorneys

Dustin Matthews
Dustin Matthews — Petitioner
Dustin Matthews — Petitioner