Vincent McCrudden v. United States, et al.
DueProcess Punishment
Can Courts systemically deny access to a jury trial in meritorious FTCA and Bivens Claims by making credibility determinations at the summary judgment level that is clearly the province of a jury as defined in Fed. R. Civ. Procedure Rule 5(a).
Can the District Court use one reasoning to grant summary judgment, and then the Appellate Court use another in a clear model of predisposition bias against a class of Appellants.
Can each Circuit use a different definition of "de minimis" force and are they allowed to come to that conclusion at the summary judgment level without resolving all the material disputed facts?
Can Courts systemically deny access to a jury trial in meritorious FTCA and Bivens Claims by making credibility determinations at the summary judgment level that is clearly the province of a jury as defined in Fed. R. Civ. Procedure Rule 56(a)