AND · 42usc1983:x-issue-not-raised-below
Procedural preservation rule applied in § 1983 appeals.
Exact element source
or other proper proceeding for redressSource:
docroot/ir/usc/title42.jsonl#title42_sec1983; Unicode character offsets [478:516] (end exclusive); SHA-256 88fe01322b9d94860a669ec452f558146e2745845070bc43583671ce12acb2bb.Routes and case patterns
| Route | Definition | Merits instance blocks | Distinct merits cases | Examples (up to 3 cases per count group) |
|---|---|---|---|---|
| Unclassified route provisional; provisional (1 case) | no definition yet | 0 Satisfied 0; not satisfied 0; excluded context 1 | 0 | Used only in non-merits blocks (1). Excluded context examples:Calabretta v. Floyd — 189 F.3d 808 (1999) · United States Court of Appeals for the Ninth Circuit · 1999 — not reached · basis not recorded (42usc1983: author: Fable · historical QA: PASS (QA1, neov2/qa/cases-QA1.md) · changed after review; current content not independently reviewed) · applied/procedural · not counted |
How courts decided this element
| Case | Element | Holding and scope | Pattern | Exact source quotations |
|---|---|---|---|---|
| Calabretta v. Floyd — 189 F.3d 808 (1999) · United States Court of Appeals for the Ninth Circuit · 1999 — not reached (42usc1983: author: Fable · historical QA: PASS (QA1, neov2/qa/cases-QA1.md) · changed after review; current content not independently reviewed) | Appellate preservation / forfeiture of issue not raised in district court | not_reached Excluded from merits counts applied / procedural count: separate interview of the twelve-year-old; subject: count=separate interview of the twelve-year-old Qualified immunity for the interview was not argued in the district court, so the court declined to consider it. | Unspecified route | No source quotation recorded for this block. |
Court interpretations
interpretation
instead, we lack jurisdiction only if our review would require second-guessing the district court’s determinations of evidence sufficiency.”
Henderson v. Glanz — 813 F.3d 938 (2015) · United States Court of Appeals for the Tenth Circuit · 2015 (42usc1983: author: Fable · not independently reviewed)
instead, we lack jurisdiction only if our review would require second-guessing the district court’s determinations of evidence sufficiency.”Source:
docroot/ir/caselaw/f3d_813.jsonl#/f3d/813/0938-01; Unicode character offsets [19245:19385] (end exclusive); SHA-256 716c6c7b3cb2dd26448ea815f36cfccade2304aa36f8155043a90af21345fb40.Procedural preservation rule applied in § 1983 appeals.