Janet Feliciano v. City of Miami Beach

707 F.3d 1244, 2013 WL 425445, 2013 U.S. App. LEXIS 2524
Court of Appeals for the Eleventh Circuit·Decided February 5, 2013·No. 12-11397·Published·Cited by 489 cases

Opinion

CARNES, Circuit Judge:

At early common law parties and others with an interest in the outcome of litigation were deemed incompetent to testify and barred from the witness stand on the ground that their interest made them unworthy of belief. 2 John H. Wigmore, Evidence in Trials at Common Law §§ 575-77 (Chadbourn Rev. 1979). The idea was similar to the one that H.L. Mencken expressed in another context when he remarked, “It is hard to believe that a man is telling the truth when you know that you would lie if you were in his place.” H.L. Mencken, A Little Book in C Major 22 (John Lane Co. 1916). Parties with an interest, it was presumed, would lie.

That presumption and the rule of exclusion it supported were worn down by criticism over time. See, e.g., 5 Jeremy Bentham, Rationale of Judicial Evidence 81 (Fred B. Rothman & Co. 1995) (1827) (describing the rule as “blind and brainless”). As Logan Bleckley, one of Georgia’s greatest judges, explained more than a century ago:

Interest and truth may go together. Is there, in the world, an honest man who does not know that he can tell the truth against his interest? ... Where there is impossible doubt as to the effect of villainy upon veracity, the jury ought to be left to decide it. As coming from the average of society, they know best what to think on such a question. Interest is a great rascal; but is not an absolute reprobate. Its doom is not perdition at all events. It has a chance of salvation. It is not obliged to commit perjury.

Davis v. Central R.R., 60 Ga. 329, 333 (1878) (Bleckley, J.). Early in the last century the Supreme Court could say that “what was once regarded as a sufficient ground for excluding the testimony of [an interested witness] altogether has come to be uniformly and more sensibly regarded as affecting the credit of the witness only.” Funk v. United States, 290 U.S. 371, 380, 54 S.Ct. 212, 215, 78 L.Ed. 369 (1933). On claims subject to trial by jury, issues about *1247 whether to credit the testimony of a witness, interested or not, are for the jury. See Moughon v. State, 57 Ga. 102, 106 (Ga.1876) (Bleckley, J.) (“What shall come to the jury as evidence, is for the court. What it is worth when it arrives, is for the jury. They can discern its true value with spare assistance from the bench.”).

Federal Rule of Civil Procedure 56 and countless decisions applying it express the modern rule that a case should be put to the jury if there is any genuine issue of material fact, including one created solely by the testimony of a party. See, e.g., Strickland v. Norfolk S. Ry. Co., 692 F.3d 1151, 1160 (11th Cir.2012); Hulsey v. Pride Restaurants, LLC, 367 F.3d 1238, 1247 (11th Cir.2004); Stewart v. Booker T. Washington Ins., 232 F.3d 844, 850 (11th Cir.2000). Occasionally there is pushback against this rule, sometimes expressed in orders granting summary judgment despite what is described as the non-mov-ant’s “unsubstantiated” or “uncorroborated” or non-objective testimony. At other times we have seen summary judgment based on disapproval of a party’s testimony as “conclusory” when it is not. There appears to have been some of that in this case, although the district court did reach the right result anyway.

I.

Police officers Robert Acosta, Andrew Dohler, Douglas Dozier, and James Nash appeal the district court’s denial of their motion for partial summary judgment on Janet Feliciano’s 42 U.S.C. § 1983 unlawful search claim. Feliciano’s claim alleges that those four officers violated her Fourth Amendment rights when they conducted a warrantless entry into her home and searched it. The district court denied the defendant officers qualified immunity on the claim, reasoning that although their initial entry did not violate Feliciano’s clearly established Fourth Amendment rights, they plainly exceeded constitutional bounds when they searched, among other things, her underwear drawer and kitchen pantry. The officers contend that the district court erred in denying them qualified immunity because the scope of their search did not violate Feliciano’s clearly established constitutional rights.

We review de novo a district court’s denial of summary judgment based on qualified immunity, applying the same legal standards that governed the district court. Edwards v. Shanley, 666 F.3d 1289, 1292 (11th Cir.2012). Summary judgment is appropriate when the record evidence, including depositions, sworn declarations, and other materials, shows “that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.” Fed. R.Civ.P. 56(a), (c). In conducting our review, “we are required to view the evidence and all factual inferences therefrom in the light most favorable to the non-moving party, and resolve all reasonable doubts about the facts in favor of the non-movant.” Skop v. City of Atlanta, Ga., 485 F.3d 1130, 1143 (11th Cir.2007) (quotation marks omitted). Thus, “when conflicts arise between the facts evidenced by the parties, we [must] credit the nonmoving party’s version.” Evans v. Stephens, 407 F.3d 1272, 1278 (11th Cir.2005) (en banc). Although the “facts,” as accepted for purposes of summary judgment, may not be the actual facts of the case, “our analysis ... must begin with a description of the facts in the light most favorable to the plaintiff’ and our decision must accept those facts. Davis v. Williams, 451 F.3d 759, 763 (11th Cir.2006).

II.

Aside from the time, place, and persons involved in the incident giving rise to this case, the parties’ accounts of the material events differ. At this stage of the pro *1248 ceedings we are required to credit Felici-ano’s version if there is any evidence to support it, and it is that version we set out here.

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Janet Feliciano v. City of Miami Beach, 707 F.3d 1244, 2013 WL 425445, 2013 U.S. App. LEXIS 2524 (11th Cir. 2013).

707 F.3d 1244 (Janet Feliciano v. City of Miami Beach) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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