221843P.pdf   10/19/2023  Janice Washington  v.  City of St. Louis, Missouri
   U.S. Court of Appeals Case No:  22-1843
   U.S. District Court for the Eastern District of Missouri - St. Louis   
   [PUBLISHED] [Stras, Author, with Benton and Grasz, Circuit Judges] 
   Civil case - Civil rights. In action alleging the City, three responding 
   officers, and two supervisors were deliberately indifferent to plaintiff's 
   decedent's medical needs after he overdosed on fentanyl in the city jail, 
   the district court denied the responding officers' motion for summary 
   judgment, and they appeal. The district court did not apply the correct 
   summary judgment motion standard; the officers could discharge their 
   burden of proof on their motion by showing that the plaintiff had failed 
   to come forward with evidence supporting her claims; in the absence of 
   discovery in the case, the district court could not rely on plaintiff's 
   unverified complaint to rebut the evidence the officers offered in support 
   of their motion for summary judgment; the district court tilted the scales 
   too far in plaintiff's favor by raising the summary-judgment burden on the 
   officers and allowing plaintiff's unsworn allegations to rebut defendants' 
   evidence; the denial of the motion for summary judgment is vacated, and 
   the matter is remanded for further proceedings; on remand, the district 
   court is free to reconsider its decision to stay discovery.