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Disclaimer:
The Treatise is based upon federal appellate court decisions from 1996
to 2008. We are currently in the process of updating the Treatise. Until
that update is complete, it is possible that certain cases cited in the
Treatise may no longer represent current law.
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7.320 Summary judgment
7.322 Survival of summary judgment
7.322.30 Whether self-serving affidavits can
defeat a motion for summary judgment?
1st Circuit
In
Quinones v. Houser Buick, 436 F.3d 284 (1st Cir.
2006), the court explained:
Quinones appears to rely on
Santiago-Ramos v.
Centennial P.R. Wireless Corp., 217 F.3d 46, 53 (1st Cir. 2000), in
which we held that a self-serving affidavit could defeat summary judgment if
the affidavit "contains more than the allegations made in [his] complaint
[and] provides specific factual information based upon [his] personal
knowledge."
Id.
7th Circuit
In Paz v. Wauconda Healthcare and Rehabilitation Centre,
LLC, 464 F.3d 659 (7th Cir. 2006), the court explained:
We have long held that a plaintiff may defeat summary
judgment with his or her own deposition. Williams v. Seniff, 342 F.3d
774, 785 (7th Cir. 2003); see also Payne, 337 F.3d at
771-73 (evidence presented in a "self-serving" affidavit or deposition is
enough to thwart a summary judgment motion provided it meets the usual
requirements for evidence at summary judgment stage);
Winskunas v. Birnbaum, 23
F.3d 1264, 1267 (7th Cir. 1994) (plaintiff can present deposition testimony
demonstrating the existence of a genuine issue of material fact to ward off
the grant of summary judgment).
However, the plaintiff must have personal knowledge in
Smith v. Potter, 445 F.3d 1000 (7th Cir. 2006), the court explained:
it is well settled that "self-serving statements
contained in an affidavit will not defeat a motion for summary judgment when
those statements are without factual support in the record." Evans v.
City of Chicago, 434 F.3d 916, 933 (7th Cir. 2006) (quoting
Buie v.
Quad/Graphics, Inc., 366 F.3d 496, 504 (7th Cir. 2004)) (internal
citations omitted).
In Buie v. Quad/Graphics, Inc., 366 F.3d 496, 504 (7th
Cir. 2004), the court explained:
Self-serving statements in affidavits without factual
support in the record carry no weight on summary judgment. But a court may
consider self-serving statements in affidavits if they are based on personal
knowledge and set forth specific facts.
9th Circuit
In Josephs v. Pacific Bell, 443 F.3d 1050 (9th Cir.
2006), the court explained:
"self-serving affidavits are cognizable . . . so long as
they state facts based on personal knowledge and are not too conclusory."
Id.
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