Antonio Hughley v. State of Indiana, The Consolidated City of Indianapolis/Marion County, and The Indianapolis Metropolitan Police Department

RUSH, Chief Justice.

Under Indiana Trial Rule 56, summary judgment is precluded by any “genuine” issue of material fact — that is, any issue requiring the trier of fact to resolve the parties’ differing accounts of the truth. Merely resting on the pleadings will not permit the non-movant to raise such an issue, but a competent affidavit will. Here, Defendant’s affidavit was self-serving and none too detailed — but it was competent, and it contradicted the State’s designated evidence on a material fact. It was therefore sufficient to preclude summary judgment, regardless of whether Defendant…