· 3/9/2001
Floyd L. Roberson v. Hayti Police Department Paul Sheckell, Lt. Chris Riggs
Citations
- 241 F.3d 992
- 49 Fed. R. Serv. 3d 327
- 2001 U.S. App. LEXIS 7374
- 2001 WL 236876
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that verified complaint may be considered as summary- judgment evidence
- stating that delay of eleven months did not justify denial of leave to amend
- explaining that a plaintiff’s verified complaint is the equivalent of an affidavit for the purposes of summary judgment and a complaint signed and dated under penalty of perjury constitutes a verified complaint
- treating allegations in a verified complaint as “the equivalent of an affidavit for purposes of summary judgment” (citing 28 U.S.C. § 1746)
- noting “liberal amendment policy of Federal Rule of Civil Procedure 15(a)”; burden of proof of prejudice is on party opposing amendment
- reversing grant of unopposed motion for summary judgment where the plaintiff’s “statements in the [verified] complaint were sufficient to create a genuine fact issue sufficient to survive the . . . motion”
Source: CourtListener parenthetical corpus (CC0).
Judges: Wollman, Arnold, Hansen
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.