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P white school teacher went to lunchroom w/ Black students in MS – said conspiracy to arrest her b/c she was w/ Blacks; D motion for SJ granted at District Court.  b/c Δ moved for SJ, had burden of showing absence of genuine issue of fact – on review evidence must be viewed in the light most favorable to the opposing party.

H - b/c moving party, the D, failed to provide evidence that there was no policeman in the store, a reasonable jury could have found there was one there.  Did not shift the burden.

*BURDEN OF PRODUCTION, NOT PERSUASION - COULD a reasonable finder of fact find for you?*

NOT DESIGNED TO MODIFY BURDEN OF MOVING PARTY TO SHOW INITIALLY ABSENCE OF GENUINE ISSUE OF MATERIAL FACT
Moving party has burden of preponderance of the evidence – b/c MADE MOTION has BURDEN and needs to show evidence to SHIFT BURDEN BACK (must produce affirmative evidence)
When evidence in support of motion does not establish absence of genuine issue, motion must be denied even if no opposing evidentiary matter is presented
Non-movant only needs to come forward w/ opposing information when movant meets original burden