Task: Wrong Candidate Generation
Input (English): revision of testimony creates an issue of fact where none existed before. Otherwise, any party could head off a summary judgment motion by supplanting previous depositions ad hoc with a new affidavit, and no case would ever be appropriate for summary judgment. Wilson v. Westinghouse Elec. Corp., 838 F.2d 286, 289 (8th Cir.1988) (internal citations and quotation marks omitted). Bass v. City of Sioux Falls, 232 F.3d 615, 618 (8th Cir.1999). The court has considerable experience with this issue: This court has with some frequency considered the question of whether eleventh-horn’ affidavits that contradict deposition testimony can generate a genuine issue of material fact precluding summary judgment. See Loeckle v. State Farm Automobile Ins. Co., 59 F.Supp.2d 838, 856-58 (N.D.Iowa 1999) (<HOLDING>); Longstreth v. Copple, C97-4100-MWB, slip op. 
 Holding statements: (A) holding that the court could not conclude that the plaintiffs deposition testimony was so contradictory of the statements contained in plaintiffs affidavit as to foreclose the affidavits use for summary judgment purposes (B) holding that facts alleged in an employees affidavit were insufficient to raise an issue of fact for the purposes of defeating a summary judgment where the affidavit contradicted the employees earlier deposition statements (C) holding that plaintiffs affidavit submitted at summary judgment stage and contradicting earlier deposition testimony should not be considered (D) holding that subsequent affidavit contradicting prior sworn testimony does not create genuine issue of fact (E) holding that plaintiffs affidavit failed to fall within the exception stated in camfield tires inc v michelin tire corp 719 f2d 1361 8th cir1983 that an affidavit contradicting the prior deposition testimony of the affiant but containing an adequate explanation for the disparity may create a genuine issue of fact because plaintiffs deposition testimony was so contradictory from the statements contained in her affidavit
Output (English): holding that subsequent affidavit contradicting prior sworn testimony does not create genuine issue of fact