Corey Hughes v. Michael Rodriguez

facts in the light depicted by bodycam footage and its accompanying audio, to the extent the footage and audio blatantly contradict testimonial evidence. The panel determined that in this case, the bodycam footage and audio did not blatantly contradict all of plaintiff’s testimony. While the bodycam footage did blatantly disprove plaintiff’s claim regarding the duration of his alleged beating by defendants, it did not blatantly disprove plaintiff’s claim that he was punched after he was handcuffed. Thus, while the panel viewed the facts blatantly contradicted by the bodycam footage in the light depicted by the videotape and its audio to conclude that plaintiffs did not attempt to surrender to the officers, the panel viewed all other facts, including plaintiff’s allegation of the post-handcuff beating, in the light most favorable to plaintiff, the nonmoving party, on summary judgment. ** This summary constitutes no part of the opinion of the court. It has been prepared by court staff for the convenience of the reader.

HUGHES V. RODRIGUEZ

The panel next considered (1) whether there had been a violation of a constitutional right; and (2) whether…