Tolan v. Cotton
- Decided
- May 5, 2014
- Docket
- 13-551
- Status
- Published
- Jurisdiction
- Federal
Cited 4,257 timesNo negative treatment found in this library
What later courts said
- holding that at summary judgment, a court cannot resolve fact disputes pertaining to either prong of qualified immunity in favor of the moving party — Kost v. Cotto (2020)
- holding that “courts may not resolve genuine disputes of fact in favor of the party seeking summary judgment — Matusiewicz v. Florence County Sheriff's Office (2019)
- holding that at summary judgment, a court cannot resolve fact disputes pertaining to either prong of qualified immunity in favor of the moving party — Luna v. City of Round Rock (2022)
Each line is a later court’s own words about this case, not a summary. Read the opinion before relying on it.
How the opinion begins
[*1863] PER CURIAM. [*651] During the early morning hours of New Year's Eve, 2008, police sergeant Jeffrey Cotton fired three bullets at Robert Tolan; one of those bullets hit its target and punctured Tolan's right lung. At the time of the shooting, Tolan was unarmed on his parents' front porch about 15 to 20 feet away from Cotton. Tolan sued, alleging that Cotton had exercised excessive force in violation of the Fourth Amendment. The District Court granted summary judgment to Cotton, and the Fifth Circuit affirmed, reasoning that regardless of whether Cotton used excessive force, he was entitled to qualified immunity because he did not violate any clearly established right.
713 F.3d 299 (2013). In articulating the factual context of the case, the Fifth Circuit failed to adhere to the axiom that in ruling on a motion for summary judgment, "[t]he evidence of the nonmovant is to be believed, and all justifiable inferences are to be drawn in his favor."
Anderson v. Liberty Lobby, Inc ., 477 U.S. 242 , 255, 106 S.Ct. 2505 , 91 L.Ed.2d 202 (1986). For that reason, we vacate its decision and remand the case for further proceedings consistent with this opinion.
Statutes cited
Cite this
Tolan v. Cotton, 572 U.S. 650 (2014)Read the full opinion
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