Summary Judgment

What It Is

Summary judgment (Federal Rule of Civil Procedure 56) is a motion arguing that even after discovery, there is no genuine dispute of material fact and the moving party is entitled to judgment as a matter of law.

Translation: “We’ve done discovery, and even viewing the evidence in your favor, you can’t win. Let’s skip the trial.”

When It Happens

After discovery closes but before trial. In § 1983 cases, this is where qualified immunity gets its second bite. If QI didn’t kill your case at the motion to dismiss stage, defendants raise it again at summary judgment — this time with a factual record.

The Standard

The court must view all facts and draw all reasonable inferences in the non-moving party’s favor (usually you, the plaintiff). Anderson v. Liberty Lobby, Inc., 477 U.S. 242 (1986).

Summary judgment should be denied if a reasonable jury could find in your favor based on the evidence.

But the non-moving party must point to specific facts in the record. You can’t just rest on the allegations in your complaint. You need depositions, documents, declarations, or other evidence showing a genuine dispute exists.

The QI Double Feature

At summary judgment, qualified immunity analysis uses the actual evidence — not just complaint allegations:

1. Viewing facts in plaintiff’s favor, did the officer violate a constitutional right?
2. Was that right clearly established at the time?

This is both better and worse for you than at the motion to dismiss stage. Better because you now have discovery evidence. Worse because the court can weigh that evidence and may find it insufficient.

Practical Tips

• File your own statement of disputed facts: Most courts require or allow this. List each material fact you dispute, with citations to evidence.
• Cite the record: Each factual assertion needs a record citation — deposition transcript page, exhibit number, declaration paragraph.
• Get declarations: If witnesses won’t testify, get sworn declarations. Unsworn statements don’t count.
• Cross-reference video: If body camera or dashcam footage exists, make the court watch it. Scott v. Harris, 550 U.S. 372 (2007).
• Oppose early: Some jurisdictions allow summary judgment before discovery closes. If defendants file early, move for a Rule 56(d) continuance to complete discovery first.

Key Cases

• Anderson v. Liberty Lobby, Inc., 477 U.S. 242 (1986) — “Genuine dispute of material fact” standard
• Celotex Corp. v. Catrett, 477 U.S. 317 (1986) — Moving party’s burden
• Tolan v. Cotton, 572 U.S. 650 (2014) — Courts must not weigh evidence or resolve disputed facts at summary judgment; reversed Fifth Circuit for crediting officer’s version
• Scott v. Harris, 550 U.S. 372 (2007) — Video evidence can override plaintiff’s version when it “blatantly contradicts” it