Barbara Ann Thomas, et vir v. J. J. Williams

Identical to Tolan, this case presents a Fifth Circuit affirmation of a grant of summary judgment in favor of a police-officer defendant in a Section 1983 case from Judge Harmon’s court in the Southern District of Texas (Houston Division) with a dissenting opinion from Judge Dennis observing that the majority misapprehends the summary judgment standard. See App. 25a. While Judge Dennis acknowledged that, “[s]tatistically speaking, it is highly unlikely that the Supreme Court would” again summarily reverse, he observed that “the majority appears bent on providing a very good candidate for this course of action.” Ibid. The dissent then cataloged the ways in which the majority opinion: (1) “fails to view the evidence in the light most favorable to the nonmovant” (App. 18a), (2) “fails to credit evidence that contradicts its key factual conclusions” (Ibid.), (3) “ignore[es] both the evidence in the record and the Thomases’ arguments” (App. 21a), and (4) “misrepresents language from Maryland v. Buie, 494 U.S. 325, 335 (1990).” (App. 28a at n. 5). Petitioners offered admissible evidence Respondent Williams lied to a magistrate, unlawfully entered Petitioners’ home, and unlawfully remained therein after discovering he had no right to be there. The question presented is: Whether the court of appeals erred by affirming the district court’s grant of summary judgment and failing to adhere to “the axiom” that, at the summary judgment stage, “the evidence of the