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Jeriel Edwards v. Steven Harmon, et al.

Paid petition · United States Court of Appeals for the Tenth Circuit, No. 20-7000 · judgment January 5, 2021


Certiorari denied · October 4, 2021
Pre-decision estimate: 6% cert probability (95% interval 3%–10%)

Before the decision, modestly above the 4.1% base rate. The model weighted this up for a petition citing three to ten dissents, a dissent in the court below, and counsel who has filed here before.

Question presented

In Scott v. Harris, 550 U.S. 372, 380 (2007), this Court held that when a summary-judgment record includes video evidence, a court should not adopt a nonmovant’s version of facts that is “blatantly contradicted by the record, so that no reasonable jury could believe it.” Petitioner sued police officers who participated in his arrest after he was found in his stationary car, intoxicated. His § 1983 suit alleged officers used excessive force when they forced petitioner to the ground, pressed on his head and back, punched and tased him, struck him with a flashlight, and placed him in a neck restraint designed to interrupt blood flow to his brain. The officers moved for summary judgment, asserting qualified immunity and introducing evidence including one officer’s bodycam video. In opposition, petitioner relied on that video to argue that genuine disputes of material fact required resolution by a jury. See FED. R. CIV. P. 56(c)(1). The Tenth Circuit affirmed the district court’s summary judgment, stating that petitioner’s failure to submit his own evidence influenced its analysis. The question presented is: Does Scott v. Harris alter, or merely implement, traditional summary-judgment requirements—especially when a nonmovant § 1983 plaintiff relies on movants’ video evidence to oppose summary judgment?

Counsel of record

For petitioner
Erin Glenn Busby
University of Texas School of Law Supreme Court Clinic

For respondent
Anthony Joseph Ferate
Spencer Fane LLP

Case

Subject area
Civil Rights (estimated from the questions presented, in the Supreme Court Database’s categories)

Conference history
Distributed for 1 conference

Order
Order list, October 4, 2021 · Certiorari denied

Proceedings

  1. Oct 04 2021
    Petition DENIED.
  2. Jul 14 2021
    DISTRIBUTED for Conference of 9/27/2021.
  3. Jul 06 2021
    Waiver of right of respondent Steven Harmon, et al. to respond filed.
  4. Jun 04 2021
    Petition for a writ of certiorari filed. (Response due July 8, 2021)