Bissell

MEMORANDUM ***

Appellants Maureen and Alan Bissell allege that members of the United States Forest Service committed various torts around their property in Columbia Falls, Montana as part of an ongoing campaign of harassment. The Bissells contend, on appeal, that the district court erred in granting summary judgment to the appellees and in denying the Bissells an adequate opportunity to take discovery.

Grants of summary judgment, which we review de novo, are appropriate where, “after adequate time for discovery and upon motion,” a party “fails to make a showing sufficient to establish the existence of an element essential to that party’s case, and on which that party will bear the burden of proof at trial.” Celotex Corp. v. Catrett, 477 U.S. 317, 322 , 106 S.Ct. 2548 , 91 L.Ed.2d 265 (1986). The district court concluded that summary judgment was warranted here because the only evidence the Bissells have to support *674 their claim is their own belief, via sworn affidavits, that Jay Deist and Kim West Deist (“the Deists”) were responsible for incursions against their property.

Summary judgment is not justified, however, where the claimants have presented direct evidence, in the…

dissenting.

BREYER, District Judge.

I do not disagree with the majority’s holding that summary judgment is inappropriate if there is genuine dispute of material fact; I simply disagree with the majority’s characterization of the allegations in this case as merely “unlikely.”

We have repeatedly held that “if the factual context makes the non-moving party’s claim implausible, that party must come forward with more persuasive evidence than would otherwise be necessary to show that there is a genuine issue for trial.” California Architectural Bldg. Prods., Inc. v. Franciscan Ceramics, Inc., 818 F.2d 1466 , 1468 (9th Cir.1987) (emphasis in original). I find the factual context in this case — that is, the Bissells’ version of events — utterly implausible. They accuse the Deists of participating in a bizarre several months-long campaign of harassment at the Bissells’ home: entering the Bissells’ property in the middle of the night to shine green infrared illuminators on their home; wielding a high-powered spotlight on their driveway; and driving on their private road in the middle of the night in a car bearing a California license plate. Moreover, they have not identified any evidence…