Kenneth Ratliff v. Aransas County, Texas, et al.

Instead of relying on discovery control and summary judgments to weed out frivolous claims, should the lower federal courts nonetheless be allowed to demand a “heightened” pleading standard for municipal liability claims that violates this Court’s guidance and the rules of procedure, thereby only allowing such claims to proceed to discovery when such discovery is already known?

When the facts, viewed in the light most favorable to Kenneth Ratliff, show that as he was lawfully armed on the porch of his home, with his weapon at his side, telling unknown persons in the pitchdark nearly 90 feet away to leave his property, he was shot five times by Deputy Scudder who identified himself only by shouting “I’m gonna shoot your ass, motherf[***]er,” should that officer be entitled to summary judgment on qualified immunity grounds?