The defendants submitted a videotape of the de-shirting, which, they claimed, proved beyond any question that it was done with propriety. It is, however, readily apparent that certain material facts yet remain genuinely at issue. One simply cannot tell how the sweatshirt was removed from Mr. Riddle. Much of the sweatshirt removal took place off-camera, and thus, how that actually occurred cannot now be ascertained. Further, Plaintiff has filed an affidavit taken from a third party who viewed the videotape, and who says that the sound portion of the submitted tape has been partially erased as well, expunging various nasty statements of Plaintiff's jailers.
Serious facts are thus still at issue.
Going beyond the sweatshirt incident, it is yet factually unclear whether, and to what degree, the holding cell lacked heat on the evening in question. Mr. Riddle also asserts that the cell lacked a mattress and a blanket, thus subjecting him to cruel and unusual punishment. The absence of mattress and blanket the Defendants admit, though they claim that that was for safety reasons. They deny that the cell was cold. Here, there is enough to get past summary judgment.