"Therefore, the plaintiff's version of the facts (to the extent supported by the record) controls, though that version can be supplemented by additional material cited by the defendants and not in tension with the plaintiff's version." Rachel v. City of Mobile, 112 F. Supp. 3d 1263, 1274 (S.D. Ala. 2015), aff'd, 633 Fed. Appx. 784 (11th Cir. 2016). There is no burden on the Court to identify unreferenced evidence supporting a party's position.

"Therefore, the plaintiff's version of the facts (to the extent supported by the record) controls, though that version can be supplemented by additional material cited by the defendants and not in tension with the plaintiff's version." Rachel v. City of Mobile, 112 F. Supp. 3d 1263, 1274 (S.D. Ala. 2015), aff'd, 633 Fed. Appx. 784 (11th Cir. 2016).

On this record, no reasonable finder of fact could attribute Shaw's conduct to "provocation" by defendants. Even if plaintiff could make a factual showing of provocation, this argument would fail to overcome Officer Williams' cloak of qualified immunity because there was no clearly established law declaring it unconstitutional for a police officer to approach a suspect or "provoke" a confrontation. See, e.g., Davidson , 675 Fed.Appx. at 959, 2017 WL 164315, at *3–4 (rejecting argument that "Davidson disputes that there was any rapidly developing, uncertain, and tense situation until Hancock created one," in light of binding authority forbidding courts from using hindsight to assess reasonableness); Rachel v. City of Mobile, Ala. , 112 F.Supp.3d 1263, 1281 (S.D. Ala. 2015) (where plaintiff argued that officers "provoked a violent situation" by approaching an emotionally disturbed person, finding nothing in the language of the Fourth Amendment or Supreme Court or Eleventh Circuit decisions that "speak to the constitutionality of the antecedent act of approaching the suspect or ‘provoking’ a confrontation"). Fifth, plaintiff would rely on other officers' testimony that he says disapproves of Officer Williams' actions or establishes that other officers "knew the decedent wouldn't hurt him."

“Therefore, the [non-movant's] version of the facts (to the extent supported by the record) controls, though that version can be supplemented by additional material cited by the [movants] and not in tension with the [non-movant's] version.” Rachel v. City of Mobile, 112 F.Supp.3d 1263, 1274 (S.D. Ala. 2015), aff'd, 633 Fed.Appx. 784 (11thCir. 2016).

In deciding a motion for summary judgment, “[t]he evidence, and all reasonable inferences, must be viewed in the light most favorable to the nonmovant . . ..” McCormick v. City of Fort Lauderdale, 333 F.3d 1234, 1243 (11th Cir. 2003). “Therefore, the [non-movant's] version of the facts (to the extent supported by the record) controls, though that version can be supplemented by additional material cited by the [movants] and not in tension with the [non-movant's] version.” Rachel v. City of Mobile, 112 F.Supp.3d 1263, 1274 (S.D. Ala. 2015), aff'd, 633 Fed.Appx. 784

In support of this assertion, Officer Hoyt cites to two cases, Wood v. Kessler, 323 F.3d 872 (11th Cir. 2003), and Rachel v. City of Mobile, 112 F.Supp.3d 1263 (S.D. Ala. 2015) (Steele, J.). While in both of those cases the court found that the defendant law enforcement officers were acting within the scope of their discretionary authority when making the challenged arrests, in neither case did the plaintiff appear to materially dispute that issue.

“Therefore, the [non-movant's] version of the facts (to the extent supported by the record) controls, though that version can be supplemented by additional material cited by the [movants] and not in tension with the [non-movant's] version.” Rachel v. City of Mobile, 112 F.Supp.3d 1263, 1274 (S.D. Ala. 2015), aff'd, 633 Fed.Appx. 784 (11thCir. 2016).

"Therefore, the [non-movant's] version of the facts (to the extent supported by the record) controls, though that version can be supplemented by additional material cited by the [movants] and not in tension with the [non-movant's] version." Rachel v. City of Mobile, 112 F. Supp. 3d 1263, 1274 (S.D. Ala. 2015), aff'd, 633 Fed. Appx. 784 (11th Cir. 2016). "There is no burden upon the district court to distill every potential argument that could be made based upon the materials before it on summary judgment."

“Therefore, the [non-movant's] version of the facts (to the extent supported by the record) controls, though that version can be supplemented by additional material cited by the [movants] and not in tension with the [non-movant's] version.” Rachel v. City of Mobile, 112 F.Supp.3d 1263, 1274 (S.D. Ala. 2015), aff'd, 633 Fed.Appx. 784 (11thCir. 2016).

“Therefore, the [non-movants'] version of the facts (to the extent supported by the record) controls, though that version can be supplemented by additional material cited by the [movant] and not in tension with the [non- movants'] version.” Rachel v. City of Mobile, 112 F.Supp.3d 1263, 1274 (S.D. Ala. 2015), aff'd, 633 Fed.Appx. 784 (11th Cir.