Sham affidavit rule: Affidavit cannot contradict deposition

Federal Courts

By Jay S. Judge

Jay S. Judge, a name partner of Judge, James, Hoban & Fisher LLC in Park Ridge, is a defense attorney who specializes in trials, appeals and insurance coverage. Judge graduated with honors from The John Marshall Law School and served as editor-in-chief of the school’s law review.

Posted June 9, 2020 10:24 AM

Today’s 7th U.S. Circuit Court of Appeals case involves the sham affidavit rule, which requires that an affidavit that contradicts a party’s deposition or sworn testimony be ignored in ruling on a motion for summary judgment. In James v. Hale, 2020 WL 2487603 (7th Cir. 2020), Plaintiff Dustin James, a former pretrial detainee in the St. Clair County Jail, filed a pro se complaint against Deborah Hale, the jail administrator, accusing her of failing to provide adequate medical treatment for injuries he suffered in an …

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