Head v. Jellico Housing Authority, 870 F.2d 1117 (1989)

Citation: Head v. Jellico Housing Authority, 870 F.2d 1117 (1989)
Parent Document: Head v. Jellico Housing Authority, 870 F.2d 1117 (1989)
Jurisdiction: United States (federal)
Effective Date: 1989-03-27
Original Source: https://www.courtlistener.com/opinion/8976130/head-v-jellico-housing-authority/ ↗

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The general standard an appellate court applies in reviewing a grant of summary judgment is the same as the district court employs initially under Federal Rule of Civil Procedure 56(c). Gutierrez v. Lynch, 826 F.2d 1534, 1536 (6th Cir.1987); 10 C. Wright, A. Miller & M. Kane, Federal Practice and Procedure § 2716 (1983). “[T]he burden on the moving party may be discharged by ‘showing’ — that is, pointing out to the District Court — that there is an absence of evidence to support the nonmoving party’s case.” Celotex Corp. v. Catrett, 477 U.S. 317, 325, 106 S.Ct. 2548, 2554, 91 L.Ed.2d 265 (1986). “Where the moving party has carried its burden of showing that the pleadings, depositions, answers to interrogatories, admissions and affidavits in the record, construed favorably to the nonmoving party, do not raise a genuine issue of material fact for trial, entry of summary judgment is appropriate.” Gutierrez, 826 F.2d at 1536. A.

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