*This piece is part of the ACSblog symposium: The Department of Injustice.
On Monday morning, the Supreme Court declined to review a Fifth Circuit Court of Appeals ruling that upheld the dismissal of Ricardo Salazar-Limon’s lawsuit against the City of Houston for a police officer’s alleged excessive use of force. Salazar-Limon was partially paralyzed as the result of injuries he sustained when Officer Chris Thompson shot him in the back during a traffic stop, though he was unarmed.
The Fifth Circuit reasoned that there was no material dispute of fact in the case—the standard that must be met to avoid summary judgment—because Thompson testified during his deposition that he saw Salazar-Limon reach for his waistband, and, as Justice Samuel Alito notes in his concurrence, “Remarkably, Salazar-Limon did not state in his deposition or in an affidavit that he did not reach for his waist.”
The problem, Justice Sonya Sotomayor explains in her dissent, is that this conclusion “is plainly wrong.” As she describes it, there is a clear dispute of material fact: