T.W. Electrical Service, Inc. v. Pacific Electrical Contractors Association (1987)

Elec., 809 F.2d at 631 (“If the nonmoving party produces direct evidence of a material fact, the court may not assess the credibility of this evidence nor weigh against it any conflicting evidence presented by the moving party.”).

See id. at 630 (“[T]he nonmoving party may not merely state that it will discredit the moving party’s evidence at trial and proceed in the hope that something can be developed at trial in the way of evidence to support its claim”).

Contractors Ass’n, 809 F.2d 626, 631 (9th Cir. 1987) (“there must be some limit on the extent of the inferences that may be drawn in the nonmoving party’s favor”).

Contractors Ass’n, 809 F.2d 626, 630 (9th Cir. 1987) (“A ‘material’ fact is one that is relevant to an element of a claim or defense and whose existence might affect the outcome of the suit.”).

Contractors Ass’n, 809 F.2d 626, 630 (9th Cir. 1987) (“A ‘material’ fact is one that is relevant to an element of a claim or defense and whose existence might affect the outcome of the suit.”).

Contractors Assoc., 809 F.2d 626, 631 (9th Cir. 1987) ("If the nonmoving party produces direct evidence of a material fact, the court may not assess the credibility of this evidence nor weigh against it any conflicting evidence presented by the moving party.

Contractors Ass’n, 809 F.2d 626 , 630 (9th Cir. 1987) (“[T]he nonmoving party may not merely state that it will discredit the moving party’s evidence at trial and proceed in the hope that something can be developed at trial in the way of evidence to support its claim.”).

Contractors Ass’n, 809 F.2d 626 , 630 (9th Cir. 22 1987) (“Disputes over irrelevant or unnecessary facts will not preclude a grant of summary 23 judgment.”)). 24 III.

Contractors Ass’n, 809 F.2d 626, 630 (9th Cir. 1987).

Contractors Ass’n, 809 F.2d 626, 630 (9th Cir. 1987).

Contractors Ass’n, 809 F.2d 626, 631 (9th Cir. 1987) (“If the nonmoving party 2 produces direct evidence of a material fact, the court may not assess the credibility of this 3 evidence nor weigh against it any conflicting evidence presented by the moving party.

Contractors Ass’n, 809 F.2d 626, 631 (9th Cir. 1987) (citing Matsushita Elec.

Contractors Ass’n, 809 F.2d 626, 630 (9th Cir. 1987).

Contractors Ass’n, 809 F.2d 626, 630 (9th Cir. 1987).

Contractors Ass’n, 809 F.2d 626, 630 (9th Cir. 1987).

Contractors Ass’n, 809 F.2d 626, 630 (9th Cir. 1987).

Contractors Ass’n, 809 F.2d 626, 630 (9th Cir. 1987).

Contractors Ass’n, 809 F.2d 626, 630 (9th Cir. 1987).

Contractors Ass’n, 809 F.2d 626, 630 (9th Cir. 1987).

Contractors Ass’n, 809 F.2d 626, 630 (9th Cir. 1987).

Contractors Ass’n, 809 F.2d 626, 630 (9th Cir. 1987).

Contractors Ass’n, 809 F.2d 626, 630 (9th Cir. 1987).

Contractors Ass’n, 809 F.2d 626, 630 (9th Cir. 1987).

Contractors 14 Ass’n, 809 F.2d 626, 630 (9th Cir. 1987).

Contractors 3 Ass’n, 809 F.2d 626, 631 (9th Cir. 1987).

Contractors Ass’n, 809 F.2d 626, 630-31 (9th Cir. 9 1987) (emphasis added) (citations omitted); see also McGinest, 360 F.3d at 1113 n. 5 10 (“[I]t is axiomatic that disputes about material facts and credibility determinations must 11 be resolved at trial, not on summary judgment.”). 12 The issue of an employer’s motivations is one more appropriately left for a jury. 13 Miller, 797 F.2d at 732–33. “[I]n discrimination cases, an employer’s true motivations 14 are particularly …

Contractors Ass’n, 809 F.2d 626, 630 (9th Cir. 1987). 20 Medical Care 21 A claim for a violation of a pretrial detainee’s right to adequate medical care arises under 22 the Fourteenth Amendment rather than the Eighth Amendment.

Contractors Ass’n, 809 F.2d 626 , 632 n.3 (9th Cir. 1987) (“‘[T]he inquiry ... 1s whether the evidence presents a sufficient disagreement to require submission to a jury or whether it is so one-sided that one party must prevail as a matter of law.’”) (emphasis added) (citation omitted).

Contractors Ass’n, 809 F.2d 626, 630 (9th Cir. 1987).

Contractors 24 Ass’n, 809 F.2d 626, 631 (9th Cir. 1987).

Contractors Ass’n, 809 F.2d 626, 630 (9th Cir. 1987) 24 (quotation and citation omitted). 25 The court must apply standards consistent with Rule 56 to determine whether the moving 26 party has demonstrated the absence of any genuine issue of material fact and that judgment is 27 appropriate as a matter of law.

Contractors Assoc., 809 F.2d 626, 630 (9th Cir. 1987). 7 The court must apply standards consistent with Rule 56 to determine whether the moving 8 party has demonstrated there to be no genuine issue of material fact and that judgment is 9 appropriate as a matter of law.

Contractors Assoc., 809 F.2d 626, 630 (9th Cir. 8 1987).

Contractors Assoc., 809 F.2d 626, 630 (9th Cir. 1987). 12 The court must apply standards consistent with Rule 56 to determine whether the moving 13 party has demonstrated there to be no genuine issue of material fact and that judgment is 14 appropriate as a matter of law.

Contractors Ass’n, 809 F.2d 626, 630 (9th Cir. 1 1987), and that the dispute is genuine, i.e., the evidence is such that a reasonable jury could return 2 a verdict for the nonmoving party, see Wool v. Tandem Computers, Inc., 818 F.2d 1433 , 1436 3 (9th Cir. 1987), overruled on other grounds as stated in Flood v. Miller, 35 F. App’x 701 , 703 n.3 4 (9th Cir. 2002). 5 In the endeavor to establish the existence of a factual dispute, the opposing party need not 6 establish a mat…

Contractors Ass’n, 809 F.2d 626, 630 (9th Cir. 1987).

Contractors 2 Ass’n, 809 F.2d 626, 630 (9th Cir. 1987) (“Disputes over irrelevant or unnecessary facts 3 will not preclude a grant of summary judgment.”). 4 DISCUSSION 5 A. Qualified Immunity. 6 Defendants argue they are entitled to qualified immunity because it would not have 7 been clear to reasonable correctional officers, knowing what each Defendant knew about 8 Inmate Rizzo, that transferring Rizzo to RJD posed such a substantial risk of harm to 9 Plaintiff that doing s…

Serv., Inc. v. Pacific Elec. 24 Contractors Ass’n, 809 F.2d 626, 630 (9th Cir. 1987) (“Disputes over irrelevant or 25 unnecessary facts will not preclude a grant of summary judgment.”)). 26 27 56(c).

Elec. 5 Contractors Ass’n, 809 F.2d 626, 631 (9th Cir. 1987) (“If the nonmoving party produces 6 direct evidence of a material fact, the court may not assess the credibility of this evidence 7 nor weigh against it any conflicting evidence presented by the moving party.

Serv., Inc. v. Pacific Elec. 22 Contractors Ass’n, 809 F.2d 626, 630 (9th Cir. 1987) (“Disputes over irrelevant or 23 unnecessary facts will not preclude a grant of summary judgment.”)). 24 In addition, when a videotape captures the events in question, and there is no 25 indication that the videotape has been doctored or altered in any way, a court should look 26 to the videotape as direct evidence of the events.

Contractors Ass’n, 809 F.2d 626 , 630–31 (9th Cir. 1987) (“at 4 summary judgement, the judge must view the evidence in light most favorable to the 5 nonmoving party”)). 6 Because the Court finds a genuine dispute of fact as to whether Plaintiff’s prior 7 position was based on inadvertence or mistake, the Court will deny Defendant’s Motion 8 for Summary Judgment.

Contractors 28 1 Ass’n, 809 F.2d 626, 630 (9th Cir. 1987) (“Disputes over irrelevant or unnecessary facts 2 will not preclude a grant of summary judgment.”). 3 IV.

Contractors Ass’n, 809 F.2d 626 , 630 16 (9th Cir. 1987) (“Disputes over irrelevant or unnecessary facts will not preclude a grant of 17 summary judgment.”). 18 III.

Contractors Ass’n, 809 F.2d 626 , 630 5 (9th Cir. 1987) (“Disputes over irrelevant or unnecessary facts will not preclude a grant of 6 summary judgment.”). 7 III.

Contractors Ass'n, 809 F.2d 626 , 631 15 (9th Cir. 1987) (“If the nonmoving party produces direct evidence 16 of a material fact, the court may not assess the credibility of 17 this evidence nor weigh against it any conflicting evidence 18 presented by the moving party.”). 19 Accordingly, there is a disputed issue of material fact 20 underlying whether plaintiffs were protected by California's 21 minimum wage, overtime pay, meal period, and rest period 22 requirements.

Contractors Ass’n, 809 F.2d 626, 630 (9th Cir. 1987) (“Nor does the judge [on summary judgment] make credibility determinations with respect to statements 28 made in affidavits, answers to interrogatories, admissions, or depositions”). 1 will be committed” and that “the person threatening violence had the apparent ability to carry out 2 the threat.” Cal. Civ.

Serv., Inc. v. Pacific Elec. 18 Contractors Ass’n, 809 F.2d 626, 630 (9th Cir. 1987) (“Disputes over irrelevant or 19 unnecessary facts will not preclude a grant of summary judgment.”). 20 III.

Contractors Ass’n, 809 F.2d 626, 630 (9th Cir. 1987) (“Nor does the judge [on summary judgment] make credibility 22 determinations with respect to statements made in affidavits, answers to interrogatories, 23 admissions, or depositions”). 24 2 If the moving party meets its initial responsibility, the burden then shifts to the opposing party to establish that a genuine issue as to any material fact actually does exist.

Serv., 809 F.2d at 630, 631 (“the court’s ultimate inquiry is to determine whether the ‘specific facts’ set forth by the nonmoving party, coupled with undisputed background or contextual facts, are such that a rational or reasonable jury might return a verdict in its favor on that evidence”).

Serv., Inc., 809 F.2d at 630 (“A ‘material’ fact is one that is relevant to an element of a claim or defense and whose existence might affect the outcome of the suit.”).