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Once satisfied, the burden shifts to the non-moving party to “show that evidence is available which justifies going to trial, and that evidence must be based on personal knowledge and must be admissible at trial.” (cleaned up).

See Portonova 6 NEW SUNDANCE, et al. v. CUTLER, ("In the absence of controverting affidavits, facts alleged by affidavits attached to a motion for summary judgment may be considered true, and if appropriate, summary judgment may be granted.").

¶16 When the party moving for summary judgment presents “specific facts negating the adverse party’s pleadings, the adverse party must respond with proof of specific facts showing a genuine issue of fact for trial.”

When uncontroverted, “facts alleged by affidavits attached to a motion for summary judgment may be considered true.”

When uncontroverted, “facts alleged by affidavits attached to a motion for summary judgment may be considered true.”

¶15 Police officers enjoy “limited protection from liability when performing an act that inherently requires judgment or discretion.” ¶ 9 (App. 2018) (cleaned up); (“[A] police officer acting within the scope of [her] authority has at least a conditional immunity from civil liability.”).

When uncontroverted, “facts alleged by affidavits attached to motions for summary judgment may be considered as true.”

Villas at Hidden Lakes Condos.

When uncontroverted, “facts alleged by affidavits attached to motions for summary judgment may be considered as true.”

When uncontroverted, “facts alleged by affidavits attached to a motion for summary judgment may be considered true.”

When uncontroverted, “facts alleged by affidavits attached to a motion for summary judgment may be considered true.”

qualified immunity generally provides public officials, including police officers, limited protection from liability when “performing an act that inherently requires judgment or discretion.”4 558 (1986) (applying the Ryan principles in concluding a state employee is protected by qualified immunity for discretionary acts); (“It has been recognized that in Arizona a police officer acting within the scope of his authority has at least a conditional immunity from civil liability.”) (-71 (1968)); Res

“The opposing party must show that evidence is available which justifies going to trial.”

When uncontroverted, “facts alleged by affidavits attached to a motion for summary judgment may be considered true.”

Bosch opposed ADOR’s motion for summary judgment by arguing there was no evidence he “failed to file state income tax returns for tax years 2000 and 2001.” But, “when the moving party presents sworn proof of specific facts negating the adverse party’s pleadings, the adverse party must respond with proof of specific facts showing a genuine issue of fact for trial.” (citing Gibbons v. Globe Dev., Nev., Inc., and Gomez v. Great Am.

“In the absence of controverting affidavits, facts alleged by affidavits attached to a motion for summary judgment may be considered true.”

(stating that, for purposes of summary judgment, affidavits based on inadmissible hearsay are insufficient to counter sworn statements based on personal knowledge (citing Jabczenski v. S. Pac.

(affidavits supporting opposition to summary judgment must be based on the affiant’s personal knowledge).