Hoffmeyer, et al. v. Porter, et al., No. 13-2507 (8th Cir. 2014)
Annotate this CasePlaintiffs filed suit against police officers under 42 U.S.C. 1983, alleging false arrest and retaliation. The court concluded that plaintiffs failed to preserve the issue of whether the district court erred when it vacated the partial grant of summary judgment on the issue of liability in the false arrest claim; whether plaintiff made a Rule 50(a) motion is moot because they failed to preserve the issue by making a post-judgment Rule 50(b) motion; and the district court did not abuse its consideration discretion in denying plaintiffs' motion for a new trial. Accordingly, the court affirmed the judgment of the district court.
Court Description: Civil case - Civil rights. The question of whether, in a civil rights action alleging false arrest and retaliation, the district court erred in vacating its partial summary judgment on plaintiff's false arrest claim and submitting the matter to the jury was not preserved for review as plaintiffs failed to make a post-judgment Rule 50(b) motion; the court's action did not cause a miscarriage of justice and the district court did not err in denying plaintiffs' motion for new trial.
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