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Seventh Circuit reverses entry of summary judgment in favor of the City of Chicago in civil rights class action suit filed by protesters against the Iraq war

Seventh Circuit reverses entry of summary judgment in favor of the City of Chicago in civil rights class action suit filed by protesters against the Iraq war: Circuit Judge Richard A. Posner wrote the opinion for a unanimous three-judge panel. The opinion features two Google Maps images.

Judge Posner offers this practice pointer for appellate advocates:

We'll state the facts as favorably to the plaintiffs as the record permits, as we must given the procedural posture. The statements of facts in the defendants' briefs present the evidence they'd like a jury to accept, rather than just the evidence that, being unrefuted or irrefutable, provides a permissible basis for a grant of summary judgment. Such a mode of presentation is unhelpful to the court.

No doubt it pains many advocates to actually set forth the evidence in the light most favorable to the opposing party in an appellate brief, but failing to do so (when it is necessary to do so under the applicable standard of review) can inflict real harm on your own client's chances of prevailing on appeal.

Full post as published by How Appealing on March 17, 2011 (boomark / email).