1. Did the appeals court improperly create new
summary judgment standards under which a
court may assess the summary judgment record
by making factual determinations, weighing
evidence, assessing credibility, and drawing
inferences in the movant's favor?

2. Did the appeals court create a circuit split as to
the standards governing whether the totality
of the circumstances justifies the use of deadly
force?

Did the appeals court improperly create new summary judgment standards and establish a circuit split regarding the use of deadly force?