Document Type
Article
Publication Date
2014
Abstract
This essay examines three cases from the Supreme Court’s October Term 2013 addressing the standards for summary judgment. In one case, the Court affirmed summary judgment against a civil-rights plaintiff, in a continued erroneous over-reliance on the certainty of video evidence. In two other cases, the Court rejected the grant of summary judgment against civil-rights plaintiffs, arguably for the first time in quite a while. This essay unpacks the substance and procedure underlying all three decisions and considers the effect of the three cases and what signals they send to lower courts and litigants about the proper approach to summary judgment, particularly in civil-rights cases involving video evidence.
Recommended Citation
Howard Wasserman,
Mixed Signals on Summary Judgment
Mich. St. L. Rev. 1331
(2014).
Available at: https://ecollections.law.fiu.edu/faculty_publications/193
Included in
Civil Procedure Commons, Civil Rights and Discrimination Commons, Evidence Commons, Litigation Commons, Supreme Court of the United States Commons
