Appellate preservation / forfeiture of issue not raised in district court

AND · 42usc1983:x-issue-not-raised-below

Procedural preservation rule applied in § 1983 appeals.

Exact element source

or other proper proceeding for redress
Source: docroot/ir/usc/title42.jsonl#title42_sec1983; Unicode character offsets [478:516] (end exclusive); SHA-256 88fe01322b9d94860a669ec452f558146e2745845070bc43583671ce12acb2bb.

Routes and case patterns

Curated routes and observed case patterns
RouteDefinitionMerits instance blocksDistinct merits casesExamples (up to 3 cases per count group)
Unclassified route
provisional; provisional (1 case)
no definition yet0
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
Pattern: not recorded

How courts decided this element

Annotation blocks, including explicitly excluded context
CaseElementHolding and scopePatternExact 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 courtnot_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 routeNo 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.