AELE LAW LIBRARY OF CASE SUMMARIES:
Civil Liability
of Law Enforcement Agencies & Personnel


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Procedural: Appeal

     Federal appeals court could not review a jury verdict against the plaintiff on her claims for unreasonable search and seizure, false arrest, and malicious prosecution when she failed to challenge that verdict in the trial court. She could have done so by filing a motion for judgment as a matter of law or for a new trial. The trial court's prior denial of her summary judgment motion could not be reviewed by the appeals court once there was a full trial on the merits and an award against her by the jury. Eaddy v. Yancey, No. 02-2924, 317 F.3d 914 (8th Cir. 2003). [N/R]
     Members of a class who are not named class representatives may still appeal settlements of federal class action lawsuits. Devlin v. Scardelletti, #01-417, 122 S. Ct. 2005 (2002). [N/R]
     City attorney's inability to access their office, located in proximity to the World Trade Center, for appropriately one month after the terrorist attack on the building was a "unique circumstance" warranting the trial court to extend the period of time for the city and police officers to file a notice of appeal of the jury's verdict and award of $21,003 in damages for an arrestee in his civil rights lawsuit. Ishay v. City of New York, 178 F. Supp. 2d 314 (E.D.N.Y. 2001). [N/R]
  

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