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