HUGHLEY v. STATE

No. 49S04-1406-MI-386.

15 N.E.3d 1000 (2014)

Antonio HUGHLEY, Appellant (Defendant), v. STATE of Indiana, The Consolidated City of Indianapolis/Marion County, and The Indianapolis Metropolitan Police Department, Appellee (Plaintiffs).

Supreme Court of Indiana.

September 9, 2014.


Attorney(s) appearing for the Case

Stephen Gerald Gray , Indianapolis, IN, Attorney for Appellant.

Gregory F. Zoeller , Attorney General of Indiana, Kyle Hunter , Deputy Attorney General, Indianapolis, IN, Attorneys for Appellee.


RUSH, Chief Justice.

Under Indiana Trial Rule 56, summary judgment is precluded by any "genuine" issue of material fact — that is, any issue requiring the trier of fact to resolve the parties' differing accounts of the truth. Merely resting on the pleadings will not permit the non-movant to raise such an issue, but a competent affidavit will. Here, Defendant's affidavit was self-serving and none too detailed — but it was competent, and it contradicted...

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