Christian Lauria v. Lieb
Split Score
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Case Summary
Disposition
Vacated
The Third Circuit vacated the district court’s grant of summary judgment against Christian James Lauria, a pro-se pre-trial detainee who alleged excessive force and deliberate indifference, holding that while unsworn statements cannot create a genuine dispute of material fact, they may still be considered by a court under Federal Rule of Civil Procedure 56(e) when deciding whether to give a litigant an opportunity to cure evidentiary defects. Because the district court wrongly believed it was categorically barred from considering Lauria’s unsworn allegations, the case was remanded for further proceedings.
Circuit Split Identified
Legal Issue
Whether district courts must give affirmative notice to pro se incarcerated litigants about the requirements of Federal Rule of Civil Procedure 56 before ruling on a motion for summary judgment.
Circuit Positions
Affirmative Rule 56 notice to pro se incarcerated litigants is required.
No special Rule 56 notice requirement for pro se incarcerated litigants.
Issue not reached in this decision.
Conflict Summary
Seven circuits (2d, 4th, 6th, 7th, 9th, 11th, and D.C.) require district courts to provide a specific notice explaining Rule 56 obligations to pro se prisoner litigants before granting summary judgment, while the 5th and 8th Circuits have expressly rejected any such notice requirement. In this opinion, the 3rd Circuit acknowledged the divide but did not adopt either position because it resolved the appeal on other grounds.