Zachery Pittman v. Herman Harris
SocialSecurity JusticiabilityDoctri
1. Whether in Scott U. Harris, 550 U.S. 372 (2007)
this Court announced an "exception" to the summary
judgment standard in cases commenced under 42
U.S.C. § 1983, and if not, whether the Fourth Circuit
erred when it deviated from other circuit holdings and
announced that Scott directs the lower courts to
examine whether a self-serving narrative is
contradicted by individual pieces of the record, as
opposed to the entire record, to discern if a genuine
dispute of material fact exists.
2. Whether Respondent "clearly established" his
right to be free from excess force when Respondent
assaulted Petitioner in a wooded area, attempted to
murder Petitioner with his service weapon, and
presented a lethal threat until Petitioner fired in
rapid succession.
Whether the Fourth Circuit erred in deviating from other circuit holdings and announcing that Scott v. Harris directs the lower courts to examine whether a self-serving narrative is contradicted by individual pieces of the record, as opposed to the entire record, to discern if a genuine dispute of material fact exists