Summary Judgment | section1983.org

What happens at this stage

After discovery closes, defendants file a motion for summary judgment under Federal Rule of Civil Procedure 56. They’re asking the court to decide the case without a trial — arguing that even with all the evidence gathered, there’s no genuine dispute of material fact and they’re entitled to judgment as a matter of law.

If Rule 12 was the first gate, summary judgment is the second. Most § 1983 cases that survive Rule 12 die here.

The legal standard

Summary judgment is appropriate when:

No genuine dispute of material fact — the evidence, viewed in the light most favorable to you (the non-movant), doesn’t create a real factual conflict on an issue that matters
The movant is entitled to judgment as a matter of law — even accepting your version of disputed facts, the law doesn’t support your claim

The critical difference from Rule 12: at summary judgment, the court looks at evidence, not just allegations. Your complaint isn’t enough anymore. You need affidavits, deposition transcripts, documents, video footage — actual evidence supporting your claims.

How burden-shifting works

Defendant’s burden (movant)

The defendant must show that the evidence, viewed in your favor, doesn’t support one or more elements of your claim. They can do this by:

Pointing to evidence that negates an element (“body camera shows plaintiff resisting”)
Pointing to an absence of evidence (“plaintiff has no evidence of injury”)
Asserting qualified immunity and arguing no clearly established law

Your burden (non-movant)

Once the defendant meets their initial burden, you must respond with specific evidence — not arguments, not complaint allegations, but actual record citations — showing a genuine factual dispute.

Under Rule 56(c)(1), you must cite:

Specific parts of depositions
Documents
Affidavits or declarations
Admissions
Other materials in the record

“Plaintiff’s complaint alleges…” is not enough. “Plaintiff’s deposition at page 47, lines 12-19 states…” is.

Qualified immunity returns

Defendants will raise qualified immunity again at summary judgment, this time with the benefit of the evidentiary record. The analysis is the same two-step:

Has the plaintiff shown a constitutional violation on these facts?
Was the right clearly established?

But now the court considers the evidence, not just the allegations. And because Pearson v. Callahan lets courts skip step one, the court can again dismiss on “not clearly established” without ever deciding whether your rights were violated.

The video problem

If there’s body camera or other video evidence, defendants will invoke Scott v. Harris: when video evidence “blatantly contradicts” the non-movant’s version of events, the court doesn’t have to accept the non-movant’s story.

Your counter: Scott requires the contradiction to be “blatant” and the facts “utterly discredited.” Most police encounters involve ambiguous video where reasonable people could disagree about what happened. Ambiguous video is a jury question, not a summary judgment question. Cite Tolan v. Cotton — the Supreme Court reversed summary judgment because the Fifth Circuit failed to view the facts in the light most favorable to the plaintiff.

Your opposition

This is the most important brief you’ll write. Structure:

Statement of disputed facts

Local rules typically require a separate “Statement of Facts” or “Response to Defendant’s Statement of Undisputed Facts.” This is where you:

Dispute each fact that’s genuinely disputed, citing specific evidence
Admit facts that are undisputed (don’t waste credibility disputing the obvious)
Add additional material facts the defendant omitted

Check your local rules. Many districts require a specific format (numbered paragraphs, citations). Failure to comply can result in the court deeming the defendant’s facts admitted.

Legal argument

For each claim:

Show that the evidence creates a genuine dispute on each element
Address qualified immunity with specific case citations showing clearly established law
Argue that fact-intensive questions (credibility, intent, reasonableness) are for the jury

Common mistakes

Failing to cite the record — arguing without evidence citations is fatal
Relying on your complaint — the complaint is not evidence at summary judgment
Not following local rules — format requirements for statements of fact are strictly enforced
Missing the deadline — an unopposed summary judgment motion is almost always granted
Disputing everything — pick your battles. Admit obvious facts and focus on the disputes that matter.

Partial summary judgment

The court can grant summary judgment on some claims and deny it on others. For example:

QI granted for the excessive force claim but denied for the false arrest claim
Monell claim dismissed but individual-capacity claims survive
One defendant dismissed but others remain

Partial summary judgment narrows your case. It can be tactically devastating (losing your strongest claim) or manageable (losing a weak claim you expected to lose).

Another interlocutory appeal

If the court denies qualified immunity at summary judgment, defendants can file a second interlocutory appeal. Yes — they can appeal the same doctrine at both stages, freezing your case both times. See interlocutory appeal for details.

What to expect

Summary judgment briefing is the most demanding legal work in the case. You’re writing a brief that must engage with the full evidentiary record, address complex legal standards, and follow precise formatting rules.

The government’s lawyers have done this hundreds of times. You’re doing it for the first time. Give yourself enough time. Start early. Read the local rules twice.

If you survive summary judgment, you’re going to trial. Most defendants settle at this point rather than risk a jury verdict.

Timeline

Defendant’s motion: filed after discovery closes (per scheduling order)
Your opposition: typically 21-28 days (check local rules)
Their reply: typically 14 days
Court decision: weeks to months
If interlocutory appeal: add 6-18 months