# Williams v. Borough of West Chester

> Court of Appeals for the Third Circuit · November 21, 1989 · 891 F.2d 458

URL: https://www.frixlaw.com/law-library/cases/8976019

## Case

- **Full name:** WILLIAMS, Wayne, Individually and as Administrator of the Estate of Williams, Ronald K., Williams, Richard v. BOROUGH OF WEST CHESTER, PENNSYLVANIA, Green, John O. Ferriola, Jennadi, Morris, William A. McBride, Steven J. Chesko, William G. Martin, John D. Appeal of Wayne WILLIAMS, Individually and as of the Estate of Ronald Williams, and Richard Williams
- **Court:** Court of Appeals for the Third Circuit
- **Decided:** November 21, 1989
- **Citations:** 891 F.2d 458; 1989 WL 139410
- **Precedential status:** Published
- **Opinion:** Concurring in part by Stapleton
- **Judges:** Becker, Garth, Stapleton
- **Cited by:** 1,174 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/8976019

## How later opinions describe it (automated extraction)

- holding, on the authority of Celotex v. Catrett, 477 U.S. 317, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986), that “hearsay evidence produced in an affidavit opposing summary judgment may be considered if the out-of-court declarant could later present that evidence through direct test…
- holding, on the authority of Celotex v. Catrett, 477 U.S. 317 (1986), that "hearsay evidence produced in a affidavit opposing summary judgment may be considered if the out-of-court declarant could later present that evidence through direct testimony, i.e., `in a form that woul…
- stating that a non-moving party must “adduce more than a scintilla of evidence in its. favor ... and cannot simply reassert factually unsupported allegations contained in its pleadings”
- stating that a non-moving party must “adduce more than a scintilla of evidence in its favor ... and cannot simply reassert factually unsupported allegations contained in its pleadings”
- holding, on the authority of Celotex v. Catrett, 477 U.S. 317 (1986

## Opinion text

STAPLETON, Circuit Judge,
concurring and dissenting:
The opinion announcing the judgment of the court describes the summary judgment record in an accurate and evenhanded manner. I concur in Section IA of that opinion and with most of what is said thereafter including the analysis set forth in footnote 12. I respectfully dissent only from the court’s ultimate conclusion with respect to Ferriola and Chesko. I believe reasonable jurors could conclude on the basis of the circumstantial evidence and their knowledge of human nature that Ferriola and Chesko probably (i.e., more likely than not) had heard of Ronald’s bizarre behavior.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/8976019. Public record. Not legal advice.