In previous years, the Court released ... (click to view)
Editor's Note :
In previous years, the Court released orders the morning after the Court’s “Long Conference.” It has not done so this year. Beginning last Term, the Court consistently considered petitions at least two times before granting certiorari. To the extent that practice continues -- and there is no affirmative evidence the Court intends to drop it -- so we are again doubtful that certiorari will be granted in any cases today.
Issue: Whether the court of appeals was correct when it held
that it was “categorically precluded” from reviewing the record as a whole to determine whether
plaintiff’s version of events, which the district
court held sufficient to defeat qualified immunity, was blatantly contradicted by the record such
that no reasonable jury could believe it; and (2) whether, if the court of appeals was required to review
the record as whole to determine whether
plaintiff’s version of events was blatantly contradicted
by the record such that the defendant deputies
were entitled to qualified immunity, a video or
audio recording (such as in Scott v. Harris) is the only evidence that is sufficient to overcome
conflicting version of events.