John H. Gordon v. Jack Watson, III & George Cansler, 622 F.2d 120 (5th Cir. 1980). · Go Syfert
John H. Gordon v. Jack Watson, III & George Cansler, 622 F.2d 120 (5th Cir. 1980). Cases Citing This Book View Copy Cite
178 citation events (107 in the last 25 years) across 33 distinct courts.
Strongest positive: Christian Lauria v. Lieb (ca3, 2025-09-12)
Treatment trajectory · 1981 → 2026 · click a year to view as-of
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Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Christian Lauria v. Lieb
3rd Cir. · 2025 · signal: see · quote attribution · 1 verbatim quote · confidence high
istrict court ha ample discretion to call upon the parties to remedy the defects , by submitting supplemental affidavits or otherwise.
examined Cited as authority (verbatim quote) Mullis, Jr. v. Clark
M.D. Fla. · 2025 · signal: see · quote attribution · 1 verbatim quote · confidence high
although pro se litigants are not held to the same standards of compliance with formal or technical pleading rules applied to attorneys, we have never allowed such litigants to oppose summary judgments by the use of unsworn materials.
examined Cited as authority (verbatim quote) Kumar v. Panera Bread Company
S.D. Tex. · 2024 · signal: see · quote attribution · 1 verbatim quote · confidence high
although pro se litigants are not held to the same standards of compliance with formal or technical pleading rules applied to attorneys, we have never allowed such litigants to oppose summary judgments by the use of unsworn materials.
examined Cited as authority (verbatim quote) Wrice v. Langham
N.D. Tex. · 2022 · quote attribution · 1 verbatim quote · confidence high
although pro se litigants are not held to the same standards of compliance with formal or technical pleading rules applied to attorneys, we have never allowed such litigants to oppose summary judgments by the use of unsworn materials.
examined Cited as authority (verbatim quote) Rodrigues v. US Bank National Association
N.D. Tex. · 2021 · signal: see · quote attribution · 1 verbatim quote · confidence high
when summary judgment is inappropriate because the supporting or opposing materials are improper, the district court has ample discretion to call upon the parties to remedy the defects, by submitting supplemental affidavits or otherwise.
discussed Cited as authority (verbatim quote) Grady Davis v. F. Hernandez (2×) also: Cited as authority (rule)
5th Cir. · 2015 · signal: see · quote attribution · 1 verbatim quote · confidence high
ro se litigants are ndt held to the same standards of compliance with formal or technical pleading rules applied to attorneys....
discussed Cited as authority (rule) Sheryl Lambert v. Coliseum Medical Center, Inc., et al.
M.D. Ga. · 2025 · confidence medium
See Corwin v. Walt Disney World Co., 475 F.3d 1239, 1549 (11th Cir. 2007) (“Even on summary judgment, a court is not obligated to take as true testimony that is not based on personal knowledge.” (quoting Citizens Concerned About Our Children v. School Bd. of Broward Cnty., Fla., 193 F.3d 1285 , 1295 n.11 (11th Cir. 1999))); First-Citizens Bank & Trust Co. v. Brannon, 722 F. App’x. 902, 905 (11th Cir. 2018) (“As a general rule, district courts may not consider unsworn statements when ‘determining the propriety of summary judgment.’” (quoting Gordon v. Watson, 622 F.2d 120, 123 (5t…
discussed Cited as authority (rule) Estate of Melvin Noble, Jr. v. Bollin, Jr.
E.D. Tex. · 2025 · confidence medium
In the Fifth Circuit, “[w]hen summary judgment is inappropriate because the supporting or opposing materials are improper, the district court has ample discretion to call upon the parties to remedy the defects, by submitting supplemental affidavits or otherwise.” Gordon v. Watson, 622 F.2d 120, 123 (5th Cir. 1980).
discussed Cited as authority (rule) Stankevich v. Mississippi College
5th Cir. · 2024 · confidence medium
While pro se litigants are held to a more lenient pleading standard, Gordon v. Watson, 622 F.2d 120, 123 (5th Cir. 1980) (per curiam), they are still required to “plead factual allegations that raise the right to relief above the speculative level.” Chhim v. Univ. of Texas at Austin, 836 F.3d 467, 469 (5th Cir. 2016) (per cu- riam).
discussed Cited as authority (rule) Crandle v. Blessing (INMATE 2)
M.D. Ala. · 2024 · confidence medium
Co., LLC, 137 F. App’x 248 , 252 n.3 (11th Cir. 2005) (noting that “the complaint was unverified and therefore could not be considered evidence supporting [plaintiff’s] claim” on summary judgment); Gordon v. Watson, 622 F.2d 120, 123 (5th Cir. 1980) (explaining that unsworn statements, even by pro se parties, should not be “consider[ed] in determining the propriety of summary judgment”). adverse effects.’” City of Los Angeles v. Lyons, 461 U.S. 95, 102 (1983) (quoting O’Shea v. Littleton, 414 U.S. 488, 495 (1974)); Church v. City of Huntsville, 30 F.3d 1332, 1337 (11th Cir. 1…
cited Cited as authority (rule) Hoyos v. U.S. Bank N.A.
W.D. Tex. · 2024 · confidence medium
Gordon v. Watson, 622 F.2d 120, 123 (5th Cir. 1980); see Estate of Newton ex rel.
discussed Cited as authority (rule) Stankevich v. Mississippi College School of Law
S.D. Miss. · 2024 · confidence medium
Sept. 23, 2022); , 622 F.2d 120, 123 (5th Cir. 1980) (per curiam) (“[P]ro se litigants are not held to the same standards of compliance with formal or technical pleading rules applied to attorneys[.]”).
cited Cited as authority (rule) Roy v. Lumpkin
S.D. Tex. · 2024 · confidence medium
Turner v. Baird, 707 F. App’x 290, 291 (5th Cir. 2017) (citing Gordon v. Watson, 622 F.2d 120, 123 (5th Cir. 1980)); Wojciechowski v. Nat’l Oilwell Varco, L.P., 763 F. Supp. 2d 832, 848 (S.D.
discussed Cited as authority (rule) Woods v. Cantrell
E.D. La. · 2023 · confidence medium
“Of course, this is not to say that pro se plaintiffs don't have to submit competent evidence to avoid summary judgment, because they do.” Id. (citing Gordon v. Watson, 622 F.2d 120, 123 (5th Cir. 1980)).
discussed Cited as authority (rule) Crenshaw v. Staton Healthcare Service (INMATE 2)
M.D. Ala. · 2023 · confidence medium
Discussion A. Chronology of Plaintiff’s Treatment claim” on summary judgment); Gordon v. Watson, 622 F.2d 120, 123 (5th Cir. 1980) (explaining that unsworn statements, even by pro se parties, should not be “consider[ed] in determining the propriety of summary judgment”). 3 Havard’s factual statement is written on a preprinted affidavit form and purportedly sworn under oath before a notary.
discussed Cited as authority (rule) Kister v. Ellis (INMATE 2)
M.D. Ala. · 2023 · confidence medium
Co., LLC, 137 F. App’x 248 , 252 n.3 (11th Cir. 2005) (noting that “the complaint was unverified and therefore could not be considered evidence supporting [plaintiff’s] claim” on summary judgment); Gordon v. Watson, 622 F.2d 120, 123 (5th Cir. 1980) (explaining On September 2, 2020, Kister left the residential treatment unit at BCF to place a mental health referral form in the institutional mailbox—requesting to see his mental health counselor.
discussed Cited as authority (rule) Kister v. Naglich (INMATE 2)
M.D. Ala. · 2023 · confidence medium
Co., LLC, 137 F. App’x 248 , 252 n.3 (11th Cir. 2005) (noting that “the complaint was unverified and therefore could not be considered evidence supporting [plaintiff’s] claim” on summary judgment); Gordon v. Watson, 622 F.2d 120, 123 (5th Cir. 1980) (explaining that unsworn statements, even by pro se parties, should not be “consider[ed] in determining the propriety of summary judgment”).
examined Cited as authority (rule) Wisner v. International Automotive Components Group North America Inc (3×) also: Cited "see, e.g."
N.D. Ala. · 2023 · confidence medium
Accordingly, the court GRANTS summary judgment for International Auto on this claim. 5 See Gordon v. Watson, 622 F.2d 120, 123 (5th Cir. 1980) (explaining that courts “may not consider” an unsworn statement when determining the propriety of summary judgment).
discussed Cited as authority (rule) Lane v. Morrie (2×)
N.D. Miss. · 2021 · confidence medium
Ed. 2d 107 (1992) (nonmoving party must show how additional discovery will defeat summary judgment motion, i.e., create genuine dispute as to material fact and that nonmoving party must show that he has diligently pursued discovery of evidence in question). 13Barker v. Norman, 651 F.2d 1107, 1123 (5th Cir. 1981); Gordon v. Watson, 622 F.2d 120, 123 (5th Cir. 1980). 14Id. 15See Dorsett v. Board of Trustees for State Colleges and Universities, 940 F.2d 121, 123 (5th Cir. 1991); Gordon v. Watson, 622 F.2d 120, 123 (5th Cir. 1980). - 4 - that the person making the affidavit is competent to testify…
cited Cited as authority (rule) Jackson v. Haines City, Florida
M.D. Fla. · 2021 · confidence medium
P. 56; 28 U.S.C. 1746; Gordon v. Watson, 622 F.2d 120, 123 (5th Cir. 1980); Holloman v. Jacksonville Hous.
discussed Cited as authority (rule) Stricker v. DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLEY ABS CAPITAL I INC. TRUST 2006-HE8 MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-HE8 (2×) also: Cited "see"
W.D. Tex. · 2021 · confidence medium
Gordon v. Watson, 622 F.2d 120, 123 (5th Cir. 1980); see Estate of Newton ex rel.
discussed Cited as authority (rule) Harris v. Turner (2×)
N.D. Miss. · 2021 · confidence medium
Ed. 2d 107 (1992) (nonmoving party must show how additional discovery will defeat summary judgment motion, i.e., create genuine dispute as to material fact and that nonmoving party must show that he has diligently pursued discovery of evidence in question). 13Barker v. Norman, 651 F.2d 1107, 1123 (5th Cir. 1981); Gordon v. Watson, 622 F.2d 120, 123 (5th Cir. 1980). 14Id. 15See Dorsett v. Board of Trustees for State Colleges and Universities, 940 F.2d 121, 123 (5th Cir. 1991); Gordon v. Watson, 622 F.2d 120, 123 (5th Cir. 1980). - 4 - that the person making the affidavit is competent to testify…
discussed Cited as authority (rule) Reed v. Mohr
S.D. Ohio · 2020 · confidence medium
McNeil v. United States, 508 U.S. 106, 113 (1993); see also Moore v. Holbrook, 2 F.3d 697, 705 (6th Cir. 1993)(pro se litigants are not excused from federal rules governing summary judgment); Gordon v. Watson, 622 F.2d 120, 123 (5th Cir. 1980)(pro se litigants must present proper summary judgment evidence).
discussed Cited as authority (rule) Reed v. Mohr
S.D. Ohio · 2020 · confidence medium
McNeil v. United States, 508 U.S. 106, 113 (1993); see also Moore v. Holbrook, 2 F.3d 697, 705 (6th Cir. 1993)(pro se litigants are not excused from federal rules governing summary judgment); Gordon v. Watson, 622 F.2d 120, 123 (5th Cir. 1980)(pro se litigants must present proper summary judgment evidence).
discussed Cited as authority (rule) Irvin v. Prentiss County, Mississippi (2×)
N.D. Miss. · 2020 · confidence medium
Ed. 2d 107 (1992) (nonmoving party must show how additional discovery will defeat summary judgment motion, i.e., create genuine dispute as to material fact and that nonmoving party must show that he has diligently pursued discovery of evidence in question). 13Barker v. Norman, 651 F.2d 1107, 1123 (5th Cir. 1981); Gordon v. Watson, 622 F.2d 120, 123 (5th Cir. 1980). - 4 - the use of unsworn materials.14 Unsworn pleadings do not satisfy Rule 56(e)’s requirements for summary judgment proof.15 In order for verified pleadings to constitute proper summary judgment proof, they must conform to the r…
discussed Cited as authority (rule) Klein v. Federal Bureau of Prisons
W.D. Tex. · 2020 · confidence medium
Further, “even pro se litigants must comply with the Federal Rules of Civil Procedure and present proper summary judgment evidence.” See Rolen v. City of Brownfield, Tex., 182 F. App’x 362, 365 (5th Cir. 2006) (citing Gordon v. Watson, 622 F.2d 120, 123 (5th Cir. 1980)); see also EEOC v. Simbaki, Ltd., 767 F.3d 475, 484 (5th Cir. 2014) (noting that pro se litigants must present competent summary judgment evidence, as set forth in the Federal Rules of Civil Procedure).
discussed Cited as authority (rule) Powell v. Shaw (2×)
N.D. Miss. · 2020 · confidence medium
Ed. 2d 107 (1992) (nonmoving party must show how additional discovery will defeat summary judgment motion, i.e., create genuine dispute as to material fact and that nonmoving party must show that he has diligently pursued discovery of evidence in question). 13Barker v. Norman, 651 F.2d 1107, 1123 (5th Cir. 1981); Gordon v. Watson, 622 F.2d 120, 123 (5th Cir. 1980). 14Id. 15See Dorsett v. Board of Trustees for State Colleges and Universities, 940 F.2d 121, 123 (5th Cir. 1991); Gordon v. Watson, 622 F.2d 120, 123 (5th Cir. 1980). - 4 - show that the facts stated in the affidavit are based upon h…
discussed Cited as authority (rule) McClellan v. Holland (INMATE 1)
M.D. Ala. · 2020 · confidence medium
See 28 U.S.C. §1746 ; Holloman v. Jacksonville Housing Auth., 2007 WL 245555 , *2 (11th Cir. Jan. 20, 2007) (noting that “unsworn statements, even from pro se parties, should not be considered in determining the propriety of summary judgment”); Gordon v. Watson, 622 F.2d 120, 123 (5th Cir. 1980) (holding that “the court may not consider[the pro se inmate plaintiff’s unsworn statement]in determining the propriety of summary judgment”). 4 complaint as amended, the Court concludes that the Defendants’ motion for summary judgment is due to be granted for the reasons that follow.
discussed Cited as authority (rule) Jones v. Nolin (INMATE 1)
M.D. Ala. · 2020 · confidence medium
See 28 U.S.C. § 1746 ; Holloman v. Jacksonville Housing Auth., 2007 WL 245555 , *2 (11th Cir. Jan. 20, 2007) (noting that “unsworn statements, even from pro se parties, should not be considered in determining the propriety of summary judgment.”); Gordon v. Watson, 622 F.2d 120, 123 (5th Cir. 1980) (holding that “the court may not consider [the pro se inmate plaintiff’s unsworn statement] in determining the propriety of Pursuant to the above-described order, the court deems it appropriate to treat the special report and exhibits filed by defendant Nolin as a motion for summary judgment…
discussed Cited as authority (rule) Ellis v. Henline (INMATE 1)(CONSENT) (2×) also: Cited "see"
M.D. Ala. · 2020 · confidence medium
See 28 U.S.C. § 1746 ; see also Holloman v. Jacksonville Housing Auth., 2007 WL 245555 , *2 (11th Cir. Jan. 20, 2007) (noting that “unsworn statements, even from pro se parties, should not be considered in determining the propriety of [a dispositive motion]”); Gordon v. Watson, 622 F.2d 120, 123 (5th Cir. 1980) (holding that “the court may not consider [the pro se inmate plaintiff’s unsworn statement] in determining the propriety of [dismissal]”).
discussed Cited as authority (rule) Davidson v. Outlaw (2×)
N.D. Miss. · 2020 · confidence medium
Ed. 2d 107 (1992) (nonmoving party must show how additional discovery will defeat summary judgment motion, i.e., create genuine dispute as to material fact and that nonmoving party must show that he has diligently pursued discovery of evidence in question). 13Barker v. Norman, 651 F.2d 1107, 1123 (5th Cir. 1981); Gordon v. Watson, 622 F.2d 120, 123 (5th Cir. 1980). 14Id. 15See Dorsett v. Board of Trustees for State Colleges and Universities, 940 F.2d 121, 123 (5th Cir. 1991); Gordon v. Watson, 622 F.2d 120, 123 (5th Cir. 1980). - 4 - show that the facts stated in the affidavit are based upon h…
discussed Cited as authority (rule) Fuqua v. State of Alabama (INMATE 1)
M.D. Ala. · 2020 · confidence medium
See 28 U.S.C. § 1746 ; Holloman v. Jacksonville Housing Auth., 2007 WL 245555 , *2 (11th Cir. Jan. 20, 2007) (noting that “unsworn statements, even from pro se parties, should not be considered in determining the propriety of summary judgment”); Gordon v. Watson, 622 F.2d 120, 123 (5th Cir. 1980) (holding that “the court may not consider [the pro se inmate plaintiff’s unsworn statement] in determining the propriety of summary judgment”). 2 Pursuant to the directives of the July 14, 2017 order, the court now treats the defendants’ special report (Doc. 10) and supplemental report (D…
discussed Cited as authority (rule) Requena v. Newkirk
D. Kan. · 2020 · confidence medium
Jaxon v. Circle K Corp., 773 F.2d 1138 , 1139 n.1 (10th Cir. 1985) (citing, inter alia, Gordon v. Watson, 622 F.2d 120, 123 (5th Cir.1980)) (“In certain circumstances a verified pleading may itself be treated as an affidavit in support of a motion for summary judgment, but only if it satisfies the standards for affidavits set out in Rule 56(e).”).
discussed Cited as authority (rule) Sharkey v. Humphreys County, Mississippi (2×)
N.D. Miss. · 2020 · confidence medium
Ed. 2d 107 (1992) (nonmoving party must show how additional discovery will defeat summary judgment motion, i.e., create genuine dispute as to material fact and that nonmoving party must show that he has diligently pursued discovery of evidence in question). 13Barker v. Norman, 651 F.2d 1107, 1123 (5th Cir. 1981); Gordon v. Watson, 622 F.2d 120, 123 (5th Cir. 1980). 14Id. 15See Dorsett v. Board of Trustees for State Colleges and Universities, 940 F.2d 121, 123 (5th Cir. 1991); Gordon v. Watson, 622 F.2d 120, 123 (5th Cir. 1980). 16See Salas v. Carpenter, 980 F.2d 299, 305 (5th Cir. 1992); Cormi…
discussed Cited as authority (rule) Yeh Ho v. Wells Fargo Bank, N.A.
S.D. Fla. · 2020 · confidence medium
“A careful and meticulous analysis first by the parties, but ultimately by the district court will aid significantly in preventing the waste of private and judicial resources and time.” Barker v. Norman, 651 F.2d 1107, 1123 (5th Cir 1981); Gordon v. Watson, 622 F.2d 120, 123 (5th Cir. 1980).
discussed Cited as authority (rule) Lane v. Department of Defense Missile Defense Agency
N.D. Ala. · 2019 · confidence medium
Appx. 856, 861-62 (11th Cir. 2013) (citing Gordon v. Watson, 622 F.2d 120, 123 (5th Cir. 1980), and stating that litigants may not use unsworn materials to oppose a motion for summary judgment).4 Accordingly, the Court sustains the Secretary’s objection and disregards Doc. 74-36 for purposes of resolving the Secretary’s motion for summary judgment.
cited Cited as authority (rule) Burnette v. Wilkie
N.D. Ohio · 2019 · confidence medium
Kress & Co., 398 U.S. 144 , 158 n.17 (1970); Gordon v. Watson, 622 F.2d 120, 123 (5 Cir. 1980).
discussed Cited as authority (rule) Sivori v. Fisher (2×)
N.D. Miss. · 2019 · confidence medium
Ed. 2d 107 (1992) (nonmoving party must show how additional discovery will defeat summary judgment motion, i.e., create genuine dispute as to material fact and that nonmoving party must show that he has diligently pursued discovery of evidence in question). 13Barker v. Norman, 651 F.2d 1107, 1123 (5th Cir. 1981); Gordon v. Watson, 622 F.2d 120, 123 (5th Cir. 1980). 14Id. 15See Dorsett v. Board of Trustees for State Colleges and Universities, 940 F.2d 121, 123 (5th Cir. 1991); Gordon v. Watson, 622 F.2d 120, 123 (5th Cir. 1980). - 4 - show that the facts stated in the affidavit are based upon h…
discussed Cited as authority (rule) Johnson v. Williams (2×)
N.D. Miss. · 2019 · confidence medium
Ed. 2d 107 (1992) (nonmoving party must show how additional discovery will defeat summary judgment motion, i.e., create genuine dispute as to material fact and that nonmoving party must show that he has diligently pursued discovery of evidence in question). 13Barker v. Norman, 651 F.2d 1107, 1123 (5th Cir. 1981); Gordon v. Watson, 622 F.2d 120, 123 (5th Cir. 1980). 14Id. 15See Dorsett v. Board of Trustees for State Colleges and Universities, 940 F.2d 121, 123 (5th Cir. 1991); Gordon v. Watson, 622 F.2d 120, 123 (5th Cir. 1980). - 4 - show that the facts stated in the affidavit are based upon h…
discussed Cited as authority (rule) Stone v. Hall (2×)
N.D. Miss. · 2019 · confidence medium
Ed. 2d 107 (1992) (nonmoving party must show how additional discovery will defeat summary judgment motion, i.e., create genuine dispute as to When summary judgment is inappropriate because supporting or opposing materials are improper, a district court has the discretion to call upon the parties to remedy defects by supplementing affidavits or otherwise.13 Although pro se litigants are not held to the same standards of compliance with formal or technical pleading rules applied to attorneys, the Fifth Circuit Court of Appeals has never allowed such litigants to oppose summary judgments by the u…
discussed Cited as authority (rule) Smith v. FTS USA/Unitek Global Service
5th Cir. · 2017 · confidence medium
“Although pro se litigants are not held to the same standards of compliance with formal or technical pleading rales applied to attorneys, we have never allowed such litigants to oppose summary judgments by the use of unsworn materials.” Gordon v. Watson, 622 F.2d 120, 123 (5th Cir. 1980) (per curiam).
cited Cited as authority (rule) BVS Acquisition Co., LLC v. Rory A. Brown
11th Cir. · 2016 · confidence medium
A district court may not consider an unsworn statement when “determining the propriety of summary judgment.” Gordon v. Watson, 622 F.2d 120, 123 (5th Cir.1980) (citing Adickes v. S.H.
cited Cited as authority (rule) Reed v. Morgan Drexen, Inc.
S.D. Fla. · 2014 · confidence medium
Although, a district court may not consider an unsworn statement when “determining the propriety of summary judgment.” Gordon v. Watson, 622 F.2d 120, 123 (11th Cir.1980) (citing Adickes v. S.H.
discussed Cited as authority (rule) Bentley Motors Ltd. v. McEntegart
M.D. Fla. · 2013 · confidence medium
See Fed.R.Civ.P. 56(c)(4); Gordon v. Watson, 622 F.2d 120, 123 (5th Cir.1980) ("[A] verified pleading may itself be treated as an affidavit in support of a motion for summary judgment, but only if it satisfies the standards for affidavits set out in Rule 56[ (c)(4)].”). .
discussed Cited as authority (rule) Rhodes v. Tuscaloosa County Board of Education
N.D. Ala. · 2013 · confidence medium
Kress & Co., 398 U.S. 144 , 158 n. 17, 90 S.Ct. 1598 , 26 L.Ed.2d 142 (1970) (unsworn statement did not meet the requirements of former Rule 56(e)); Arthur v. King, 500 F.3d 1335, 1343 (11th Cir.2007) (district court did not abuse its discretion in refusing to consider an unsworn affidavit on a motion to alter or amend the judgment (citing Holloman v. Jacksonville Housing Auth., No. 06-10108, 2007 WL 245555 , *2 (11th Cir. Jan. 30, 2007) (quoting Gordon v. Watson, 622 F.2d 120, 123 (5th Cir. 1980))); Oglesby v. Terminal Transport Co., Inc., 543 F.2d 1111, 1112 (5th Cir.\1976) (court refused to…
discussed Cited as authority (rule) Arora v. Dental Health Group, P.A.
S.D. Fla. · 2012 · confidence medium
That being said, a district court may not consider an unsworn statement when “determining the propriety of summary judgment.” Gordon v. Watson, 622 F.2d 120, 123 (5th Cir.1980) (citing Adickes v. S.H.
cited Cited as authority (rule) Osorio v. State Farm Bank, F.S.B.
S.D. Fla. · 2012 · confidence medium
Although, a district court may not consider an unsworn statement when “determining the propriety of summary judgment.” Gordon v. Watson, 622 F.2d 120, 123 (5th Cir.1980) (citing Adickes v. S.H.
cited Cited as authority (rule) Osorio v. State Farm Bank, F.S.B.
S.D. Fla. · 2012 · confidence medium
Although, a district court may not consider an unsworn statement when “determining the propriety of summary judgment.” Gordon v. Watson, 622 F.2d 120, 123 (5th Cir.1980) (citing Adickes v. S.H.
discussed Cited as authority (rule) Sciaretta v. Lincoln National Life Insurance
S.D. Fla. · 2012 · confidence medium
That being said, a district court may not consider an unsworn statement when “determining the propriety of summary judgment.” Gordon v. Watson, 622 F.2d 120, 123 (5th Cir.1980) (citing Adickes v. S.H.
discussed Cited as authority (rule) United States v. Barnes
M.D. Fla. · 2011 · confidence medium
Unsworn statements do not meet the requirements of Rule 56, and cannot be considered on a motion for summary judgment. 12 Southern Grouts & Mortars, Inc. v. SM Co., 575 F.3d 1235 , 1248 n. 8 (11th Cir.2009); Gordon v. Watson, 622 F.2d 120, 123 (5th Cir.1980). 13 Substantive law determines the materiality of facts, and “[o]nly disputes over facts that might affect the outcome of the suit under the governing law will properly preclude the entry of summary judgment.” Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248 , 106 S.Ct. 2505 , 91 L.Ed.2d 202 (1986).
Retrieving the full opinion text from the archive…
John H. GORDON, Plaintiff-Appellant,
v.
Jack WATSON, III and George Cansler, Defendants-Appellees
79-2631.
Court of Appeals for the Fifth Circuit.
Jul 21, 1980.
622 F.2d 120
John H. Gordon, pro se., William K. Howell, Jr., Senior Asst. County Atty., DeLand, Fla., Gene White, Asst. State’s Atty., Daytona Beach, Fla., for defendants-appellees.
Clark, Vance, Johnson.
Cited by 139 opinions  |  Published
3 passages pin-cited by 4 cases
Pinpoint authority: #34,905 of 633,719
Citer courts: Sixth Circuit (2) · D. Hawaii (1) · W.D. Texas (1)
PER CURIAM:

While a pre-trial detainee, John H. Gordon filed this action under 42 U.S.C. § 1983 against Jack Watson, III, a Florida assistant state attorney, and George Cansler, the Director of the Volusia County Jail Department of Corrections. Gordon’s complaint and amended complaint alleged that he was subjected to punitive confinement after complaining to a judge that Watson and Cansler had denied him telephone privileges. The district court granted summary judgment for the defendants, ruling that “there is no issue of fact as to punitive confinement” and that the denial of Gordon’s access to the telephone did not violate his constitutional rights. Because we find that the proffered materials are insufficient to support the grant of summary judgment, we vacate and remand.

Gordon had been in custody at the Volusia County Jail since February 1978, when he failed to post bond on an arrest for possession of a controlled substance. On March 4 or 5, according to Gordon’s allegations, Gordon was denied visitors and perhaps telephone privileges. [1] On April 5, 1978, the Volusia County grand jury returned a four-count indictment against Gordon for first degree murder, conspiracy to commit murder, possession of a firearm by a convicted felon, and use of a firearm in the commission of a felony. On April 6, Gordon was brought before a judge to be formally arrested on the above charges. At that hearing, he complained to the judge that Cansler, under the direction of Watson, had denied him telephone privileges.

When Gordon returned to the Volusia County Jail that day, Cansler, at Watson’s request, moved Gordon to the Volusia County Annex facility and limited Gordon’s access to the telephone, allowing him to call only his attorney. The next day (April 7), Cansler, again at Watson’s direction, moved Gordon from the annex back to the main facility of the Volusia County Jail, where he once again had access to the telephone.

On April 13 Gordon filed this complaint. Pursuant to court order, he amended his[*122] complaint on May 12 to allege that he had been “subjected to punitive confinement and isolation confinement and [had been] placed in the hole after telling Judge Griffin of the denial of phone call [sic] by officers under George Cansler by order of Jack Watson.” He sought release from maximum security confinement, some contact visits, rules to protect other prisoners, and $300,000.00 in damages. By the time of the amended complaint (and perhaps as early as April 7) and until August 18, Gordon was incarcerated in a number of one-man cells. Over the next several months he was transferred several times back and forth between the Volusia County Jail and a state correctional facility, where he now remains. He was confined at various times in both one-man cells and so-called “population” cells during his remaining confinement at the Volusia County Jail.

After he had filed the amended complaint, Gordon moved for an order seeking his release from maximum security. The defendants filed a response to the motion, verified by Edward Froman, a Lieutenant in the Volusia County Jail and acting Chief Correctional Officer, which stated that Gordon was being held in one-man cells “due to the seriousness of the convictions and the pending charges.” Before the court ruled on the motion, Watson and Cansler moved for summary judgment, attaching affidavits of Watson and Froman. Watson’s affidavit stated that he had restricted Gordon’s telephone privileges because he was afraid that Gordon would call certain persons in possession of, or with access to, instrumentalities of the first-degree murder charge, which they might then destroy or conceal. On April 6, the affidavit continued, Watson believed he would be able to get an immediate court order restricting Gordon’s phone calls to his attorney. The next day, after researching the issue, Watson determined that such an order was unlikely and he ordered that Gordon be moved back into the county jail facilities, with telephone privileges restored. Froman’s affidavit purported to incorporate his earlier verified response to Gordon’s motion, in which he had stated that Gordon was incarcerated in one-man cells due to the seriousness of his crimes. It also recited the frequency of the telephone calls Gordon was allowed to make.

The court did not rule on the summary judgment motion but ordered the defendants to file an answer to Gordon’s amended complaint. In their answers, defendants renewed their motions for summary judgment, attaching Cansler’s affidavit stating that the entire jail is a maximum security institution, enumerating the cells in which Gordon was housed during his incarceration there, and averring that no cell in the institution is known as “the hole.”

Gordon filed no responsive affidavits. Instead, he filed an unsworn, unverified document styled “Answer to defendants Motion for Summary Judgment and Answer to Amended Civil Rights Complaint.” He asserted that Watson never sought to obtain the order restricting Gordon’s phone calls and as a skilled prosecutor knew that he had no grounds to obtain one. He also stated that Watson’s conjecture that Gordon’s friends would destroy or conceal evidence was totally without merit because Gordon’s house had already been searched. The answer further contended that the defendants had not shown that Gordon was the only one in jail charged with so serious a crime or that he had broken any rule of the facility. In particular, he objected to being placed in one-man cells, in which he was confined from March until August 1978.

In granting the defendants’ motions for summary judgment, the district court relied on the affidavits of Watson and Cansler to conclude that there was no issue of fact as to punitive confinement. The court further found that the curtailment of Gordon’s access to the telephone for two days was not a constitutional violation because “plaintiff was then represented by counsel, the restriction was for a short period of time, and the plaintiff had ample access to the telephone prior to and subsequent to the brief period of restricted access.” In view of the further fact that Gordon was never denied telephone access to his counsel we agree[*123] that any deprivation was slight indeed. However, the unresolved factual basis for the constitutional issue is not the extent of deprivation, but whether the slight was deliberately imposed as punishment for bringing his condition to the attention of the court. This is not addressed by the affidavits supporting summary judgment.

The punitive confinement issue has two parts: Gordon’s transfer to the annex on April 6 and 7, and his confinement in one-man cells from April 7 to August 18. Watson’s affidavit responded to Gordon’s allegation that the transfer was for punitive reasons by demonstrating the legitimate administrative reasons for the transfer. Froman’s affidavit, on the other hand, establishes that the defendants had legitimate, non-punitive reasons for confining Gordon in one-man cells rather than populated cells only to the extent that it incorporates his earlier verified response. Under the provisions of Rule 56, however, “[s]worn or certified copies of all papers or parts thereof referred to in an affidavit shall be attached thereto or served therewith.” No such copy was attached to Froman’s affidavit, so the materials that may permissibly have been considered on summary judgment did not resolve the issue of the motive for Gordon’s confinement in one-man cells. In certain circumstances a verified pleading may itself be treated as an affidavit in support of a motion for summary judgment, but only if it satisfies the standards for affidavits set out in Rule 56(e). Fowler v. Southern Bell Tel. & Tel. Co., 343 F.2d 150, 154 (5th Cir. 1965). Froman’s verified response would not satisfy those requirements because it does not affirmatively show that he is competent to testify to the matters stated therein or that the facts are based on Froman’s personal knowledge. It was therefore error for the district court to grant summary judgment for the plaintiffs on the punitive confinement issue.

On the other side of this issue, we note that Gordon’s “Answer to defendants Motion for Summary Judgment” also fails to comply with Rule 56. It is an unsworn statement, which the court may not consider in determining the propriety of summary judgment. Adickes v. S. H. Kress & Co., 398 U.S. 144, 159, 90 S.Ct. 1598, 1609, 26 L.Ed.2d 142 (1970); Piper v. United States, 392 F.2d 462 (5th Cir. 1968); Jones v. Menard, 559 F.2d 1282, 1285 n. 5 (5th Cir. 1977). See 6 Moore’s Federal Practice 156.11[l.-8], at 207 (2d ed. 1948); id. 1 56.22[1], at 1304; 10 C. Wright & A. Miller, Federal Practice and Procedure: Civil § 2738, at 702 (1973). Had it been sworn it would have raised a genuine issue as to the material fact of Watson’s motive for moving Gordon to the annex facility and denying him telephone privileges and for incarcerating him in one-man cells. Although pro se litigants are not held to the same standards of compliance with formal or technical pleading rules applied to attorneys, we have never allowed such litigants to oppose summary judgments by the use of unsworn materials. [2]

Summary judgment is an excellent device by which district courts may make expedited dispositions of those cases in which a trial would be fruitless. When summary judgment is inappropriate because the supporting or opposing materials are improper, the district court has ample discretion to call upon the parties to remedy the defects, by submitting supplemental affidavits or otherwise. See Jones v. Menard, 559 F.2d 1282, 1286 (5th Cir. 1977) (Thorn-berry, J., concurring). See generally C. Wright, Law of Federal Courts § 99, at 492 (3d ed. 1976). In the circumstances presented here the district court should have required the parties to correct the deficiencies in their various pleadings and supporting papers if it intended to rely on them for its grant of summary judgment.

Because the entry of summary judgment was improper, we vacate that judgment and remand the action to the district court. Of course, we intimate no opinion on the mer[*124] its of the issues yet to be reached. Furthermore, we intimate no opinion on whether summary judgment may be appropriate or a trial is needed.

VACATED AND REMANDED.

1

. Gordon’s original complaint alleged that he was denied visitors March 4, 1978. March 4 was a Saturday; regulations permitted visitors in the Volusia County Jail on Sundays only. In his “Answer to defendants Motion for Summary Judgment and answer to amended Civil Rights Complaint,” however, Gordon suggested that the decision was taken on March 4 to deny him visitors on March 5, the regular visiting day.

2

. Gordon’s pleading was notarized. The notarization clearly refers not to the “Answer” itself but to the proof of service.