Hausner's knowledge about the background of affiants
on whose statements he was prepared to rely seems to have been quite sketchy.
that the affiants
frequently visited and planned to visit again in the
The Crady court granted summary judgment where the only affidavit offered in opposition to summary judgment was the affidavit shown to be a sham by the contradictory reply affidavit from the same affiant
Tina Jackson, the only affiant
who testified at trial,
The views of MacDonald, who also served as an affiant
for Bedford, are echoed by other expert witnesses including: Dr.
availability of separate affidavits, sworn statements or declarations to be used when one affiant
does not have requisite personal knowledge of all required information;
The district court found that this statement was made with "reckless disregard for the truth," (116) despite the fact that the affiant
believed the statement.
of the affiant
as well as the actions of the officers who execute the
Sturgis also makes it clear that an affidavit of merit signed by a nurse is valid even if the nurse is not qualified as an expert for causation because "the issue whether the plaintiff's affiant
can substantively attest or address matters of causation is not a concern for the purposes of the 'first stage' of the litigation in which an affidavit of merit must be filed under Michigan law; rather the issue can be pursued in later proceeding such as at trial.
determines that "the affiant
had reasonable grounds at the time of
After a telephone conversation with the warrant affiant
, Ceballos presented his supervisors with a second memorandum that was again critical of the sheriff's department's handling of this case.
The lower court agreed that a constitutional violation occurred and held that the affiant
was not entitled to qualified immunity as any reasonable officer would have concluded from just a cursory look at the warrant that it was invalid.