Marino Scafidi v. Las Vegas Metropolitan Police Department, et al.

This Ninth Circuit’s decision affirming the Federal District Court’s order “reflected a clear misapprehension of summary judgment standards in light of [Supreme Court] precedents” - like what happened in Tolan v. Cotton, 572 U.S. 650, 659, 134 S. Ct. 1861, 1868 (2014) (per curiam). Ignoring Scafidi’s contradictory evidence from his sworn affidavits and answers to interrogatories violated procedural rules and Supreme Court “axiom[s]”, “general rule[s]”, and “fundamental principle^]” governing summary judgment. Id., 134 S. Ct. at 651, 656, 660. • Supreme Court precedents require that, “[t]he evidence of the nonmovant is to be believed, and all justifiable inferences are to be drawn in his favor.” Tolan, 134 S. Ct. at 1863 (internal quotation marks and alteration omitted) (quoting Anderson v. Liberty Lobby, Inc., All U.S. 242, 255, 106 S. Ct. 2505, 91 L. Ed. 2d 202 (1986)). That did NOT happen here. • Supreme Court precedent requires that the court may not ignore the nonmovant’s evidence. Tolan, 572 U.S. at 657 (“By failing to credit evidence that contradicted some of its key factual conclusions, the court improperly ‘weighted] the evidence’ and resolved disputed issues in favor of the moving party”). Here, the panel ignored Scafidi’s contradictory evidence. Thus, the QUESTIONS PRESENTED are as follows: 1. Whether the Ninth Circuit’s decision, clearly ignoring the nonmovant’s (petitioner-plaintiff’s) theories of