Tenth Circuit: Vette v. Sanders

 

In the motion for summary judgment, the court appropriately considered and weighed verified complaint as sufficiently evidentiary, as either met the standards for an affidavit, or stated facts within the personal knowledge of the party under penalty of perjury. 

Contradictory testimonial narratives are insufficient basis for blatant contradiction exception in challenging factual determinations on appeal; there must be a visible fiction.

Documentary evidence does not utterly discredit claims of verified pleading.

Remaining claims outside the scope of review under the collateral order rule.

Violent arrest with dog was a violation of the Fourth Amendment; the precedent on use of force after the point at which the arrestee had ceased to resist constituted clearly established law.


Vette v. Sanders