Tonya L. Carswell, Administratrix of the Estate of GILBERT Carswell, deceased, on behalf of the Estate of GILBERT Carswell, deceased and tonya L


Civil Procedure > Trials > Judgment as Matter of Law



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Civil Procedure > Trials > Judgment as Matter of Law

Civil Procedure > Appeals > Standards of Review > De Novo Review

Constitutional Law > Civil Rights Enforcement > Immunity > Public Officials

[HN3] Appellate review of a Fed. R. Civ. P. 50 ruling is plenary and is similar to that in a summary judgment appeal. The appellate court reviews the record as would a district court. This scope of appellate review places the appellate court in the same position as the district court with respect to the admonition in Siegert and Saucier to decide the constitutional issue before considering qualified immunity.


Civil Procedure > Trials > Judgment as Matter of Law

Constitutional Law > Civil Rights Enforcement > Immunity > Public Officials

[HN4] It is preferable to resolve a qualified immunity issue at the summary judgment, or earlier, stage, but if this is not possible, it remains appropriate to consider the matter in a Fed. R. Civ. P. 50(a) motion.



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