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.

All variants

Recorded DB variant labels, including zero-count variants
VariantDescriptionMerits instance blocksDistinct casesExample cases (up to 3 per group)
Unspecified variantNo variant assigned in the database.0
Satisfied 0; not satisfied 0; excluded context 1
0No counted merits examples

Excluded context examples: /f3d/189/0808-01 — United States Court of Appeals for the Ninth Circuit · 1999 — applied/procedural

How courts decided this element

Annotation blocks, including explicitly excluded context
CaseElementHolding and scopeVariantExact source quotations
/f3d/189/0808-01 — United States Court of Appeals for the Ninth Circuit · 1999Appellate 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 variantNo 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.”

/f3d/813/0938-01 — United States Court of Appeals for the Tenth Circuit · 2015

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.