Patterson v. City of Wildwood

OPINION OF THE COURT

RENDELL, Circuit Judge.

Dennis Patterson appeals from the District Court’s grant of summary judgment on the basis of qualified immunity, contending that the District Court erred hi determining, in reliance on language from Scott v. Harris, 550 U.S. 372, 127 S.Ct. 1769, 167 L.Ed.2d 686 (2007), that it could not adopt Patterson’s version of the facts for purposes of its ruling. We agree with Patterson and will therefore vacate and remand for further proceedings.1

Patterson instituted a § 1983 civil action against the City of Wildwood and several individuals, including Sgt.…