Harry W. SPEAR, Appellant, v. Dayton's, Appellee, 733 F.2d 554 (8th Cir. 1984). · Go Syfert
Harry W. SPEAR, Appellant, v. Dayton's, Appellee, 733 F.2d 554 (8th Cir. 1984). Cases Citing This Book View Copy Cite
22 citation events (16 in the last 25 years) across 7 distinct courts.
Strongest positive: Estate of Kurt A. Amplatz, Security Bank & Trust Company, Personal Representative, Petitioner(s) (tax, 2026-04-23)
Treatment trajectory · 1985 → 2026 · click a year to view as-of
1985 2005 2026
Top citers, strongest first. 15 distinct citers. How cited ↗
cited Cited as authority (rule) Estate of Kurt A. Amplatz, Security Bank & Trust Company, Personal Representative, Petitioner(s)
Tax Ct. · 2026 · confidence medium
Id.; see also Celotex, 477 U.S. at 323 ; Spear v. Dayton’s, 733 F.2d 554, 555 (8th Cir. 1984).
cited Cited as authority (rule) Dismuke v. Martin
W.D. Ark. · 2024 · confidence medium
This grievance process is available to inmates through the “kiosk system.” (ECF No. 21-1, p. 1). under penalty of perjury) (citing Spear v. Dayton’s, 733 F.2d 554, 555-56 (8th Cir. 1984)).
discussed Cited as authority (rule) LeClaire v. Dyer
W.D. Ark. · 2024 · confidence medium
Ward v. Moore, 414 F.3d 968, 970 (8th Cir. 2005) (citing Spear v. Dayton’s, 733 F.2d 554, 555-56 (8th Cir. 1984) (explaining that a verified complaint, signed under penalty of perjury is the equivalent of an affidavit and can serve as plaintiff’s summary judgment response to under Fed.
cited Cited as authority (rule) Nash v. Overstreet
W.D. Ark. · 2023 · confidence medium
Ward v. Moore, 414 F.3d 968, 970 (8th Cir. 2005) (citing Spear v. Dayton’s, 733 F.2d 554, 555-56 (8th Cir. 1984)).
discussed Cited as authority (rule) Walker v. Shafer
D.S.D. · 2020 · confidence medium
The long-standing rule of the United States Court of Appeals for the Eighth Circuit is that “[a] verified complaint is the equivalent of an affidavit for summary-judgment purposes[.]” Williams v. Adams, 935 F.2d 960, 961 (8th Cir. 1991) (citing Spear v. Dayton’s, 733 F.2d 554, 555-56 (8th Cir. 1984)). “[A] complaint signed and dated as true under penalty of perjury satisfies the requirements of a verified complaint[.]” Roberson v. Hayti Police Dep’t., 241 F.3d 992, 994-95 (8th Cir. 2001).
cited Cited as authority (rule) Williams v. Adams
8th Cir. · 1991 · confidence medium
Id. at 555-56 (citations omitted).
cited Cited as authority (rule) Williams v. Adams
8th Cir. · 1991 · confidence medium
Plaintiff's sworn statement ... was already before the Court and, in our view, precluded the grant of summary judgment. 7 Id. at 555-56 (citations omitted).
discussed Cited "see" Kaiser v. Weinerhold
W.D. Ark. · 2024 · signal: see · confidence high
See Ward v. Moore, 414 F.3d 968, 970 (8th Cir. 2005) (concluding that plaintiff’s second amended complaint is the equivalent to an affidavit and can serve as plaintiff’s response to defendants’ summary judgment motion because it was verified under penalty of perjury) (citing Spear v. Dayton’s, 733 F.2d 554, 555-56 (8th Cir. 1984)).
discussed Cited "see" Scharnhorst v. Ake
W.D. Ark. · 2023 · signal: see · confidence high
See Ward v. Moore, 414 F.3d 968, 970 (8th Cir. 2005) (concluding that plaintiff’s second amended complaint is the equivalent to an affidavit and can serve as plaintiff’s response to defendants’ summary judgment motion because it was verified under penalty of perjury) (citing Spear v. Dayton’s, 733 F.2d 554, 555-56 (8th Cir. 1984)).
discussed Cited "see" Scharnhorst v. Cantrell
W.D. Ark. · 2023 · signal: see · confidence high
See Ward v. Moore, 414 F.3d 968, 970 (8th Cir. 2005) (concluding that plaintiff’s second amended complaint is the equivalent to an affidavit and can serve as plaintiff’s response to defendants’ summary judgment motion because it was verified under penalty of perjury) (citing Spear v. Dayton’s, 733 F.2d 554, 555-56 (8th Cir. 1984)).
discussed Cited "see" Dellinger v. Butler
W.D. Ark. · 2023 · signal: see · confidence high
See Ward v. Moore, 414 F.3d 968, 970 (8th Cir. 2005) (concluding that plaintiff’s second amended complaint is the equivalent to an affidavit and can serve as plaintiff’s response to defendants’ summary judgment motion because it was verified under penalty of perjury) (citing Spear v. Dayton’s, 733 F.2d 554, 555-56 (8th Cir. 1984)).
cited Cited "see" Onie Mae Ward v. Reginald Moore Mike Russell Ollie Collins
8th Cir. · 2005 · signal: see · confidence high
See Spear v. Dayton’s, 733 F.2d 554, 555-56 (8th Cir.1984).
cited Cited "see" Onie Ward v. Reginald Moore
8th Cir. · 2005 · signal: see · confidence high
See Spear v. Dayton’s, 733 F.2d 554, 555-56 (8th Cir. 1984).
cited Cited "see" Alexander Jaroma v. James J. Massey, Etc.
1st Cir. · 1989 · signal: see · confidence high
See Spear v. Dayton’s, 733 F.2d 554 (8th Cir.1984).
discussed Cited "see, e.g." ADVANCED OPTICS ELECTRONICS, INC. v. Robins
D.N.M. · 2010 · signal: see also · confidence medium
See also Ward v. Moore, 414 F.3d 968, 970 (8th Cir.2005) ("Because Ward verified her second amended complaint under penalty of perjury, it is the equivalent of an affidavit and can serve as her response to the defendants’ summary judgment motion under Federal Rule of Civil Procedure 56(e).”) (citing Spear v. Dayton’s, 733 F.2d 554, 555-56 (8th Cir.1984) (stating that an amended complaint verified under penalty of perjury was equivalent of affidavit and could serve as response to defendants’ summary judgment motion)); Walker v. Tyler County Com’n, 11 Fed.Appx. 270, 274 (4th Cir.2001) …
Retrieving the full opinion text from the archive…
34 Fair empl.prac.cas. 1209, 34 Empl. Prac. Dec. P 34,354 Harry W. Spear
v.
Dayton's
83-2522.
Court of Appeals for the Eighth Circuit.
May 3, 1984.
733 F.2d 554
1984 U.S. App. LEXIS 22878
Ronald T. Pfeifer, Law Offices of Martin L. Garden, Minneapolis, Minn., for appellee.
Heaney, Henley, Arnold.
Cited by 17 opinions  |  Published
1 passages pin-cited by 2 cases
Pinpoint authority: bottom 66%
Citer courts: Ninth Circuit (4)
ARNOLD, Circuit Judge.

Harry W. Spear, formerly employed by Dayton’s, a department store, as a shoe salesman, brought this action contending that Dayton’s had unlawfully reduced his hours of work because of his age (45) and sex. The District Court granted Dayton’s motion for summary judgment and dismissed Spear’s complaint. We agree that no triable claim of sex discrimination was made out, and to that extent we affirm. As to the claim of age discrimination, however, we hold that a verified exhibit attached to Spear’s complaint did raise a genuine issue of material fact, and therefore reverse in part.

Spear attached to his complaint as an exhibit a copy of the charge he had filed with the Minnesota Department of Human Rights. This charge, which was made by Spear under oath, alleged, among other things, that Sandy Gammack, an employee of the defendant, had told him that his hours of work were being reduced because he was “too old” for the job. When Dayton’s filed its motion for summary judgment, properly supported by affidavits, the plaintiff Spear did not file a new affidavit repeating his claim that Gammack had made an apparently discriminatory statement, nor did he specifically call the attention of the District Court to the exhibit to his complaint. Dayton’s argues, therefore, that summary judgment was properly granted under Fed.R.Civ.P. 56(e), which provides that when a motion for summary judgment is made and supported by affidavits, the party opposing the motion may not rest on the allegations in his pleading, but must resist the motion by filing affidavits setting forth specific facts raising a genuine issue for trial.

We do not agree that Rule 56(e) supports the position of Dayton’s on this appeal. Here, when Dayton’s motion for summary judgment was filed, there was already in the record the equivalent of an affidavit by plaintiff to the effect that an employee of the defendant had made a statement to him that was tantamount to an admission of discriminatory motive, or from which, such a motive could be inferred by the trier of fact. We do not believe that a litigant, especially one unrepresented by counsel, as was Spear, is under a duty to repeat his verified allegation in a new affidavit. See Wright, Miller, & Kane, Federal Practice and Procedure §§ 2721, 2722; Ratner v. Young, 465 F.Supp. 386, 389 n. 5 (D.V.I.1979); Yong Hong Keung v. Dulles, 127 F.Supp. 252, 252 (D.Mass.1954). Such a requirement would simply multiply the filing of paper for no good purpose. This is not, in other words, a case of a plaintiff who simply rested on the unverified allegations of his pleadings. Plaintiff’s sworn[*556] statement recounting the claimed discriminatory remark was already before the Court and, in our view, precluded the grant of summary judgment.

We of course do not know whether Gammack made the statement alleged, or whether, even if she did make it, some satisfactory explanation might be proffered that would persuade the trier of fact that plaintiff was not subjected to unlawful discrimination. Those issues may be pursued on remand. We hold only that the record in this case, when viewed in the light most favorable to the party opposing the motion for summary judgment, does raise a genuine issue of material fact.

The judgment is reversed as to the age claim only, and the cause remanded for further proceedings in accordance with this opinion.

It is so ordered.