Copar Pumice Co., Inc. v. Morris, No. 09-2296 (10th Cir. 2011)
Annotate this CaseNew Mexico Environmental Division agents conducted an unannounced inspection. The agents' accounts of the visit differ from those of the two facility employees, but an enforcement action followed. The company brought civil rights claims based on the search. The district court denied a motion for summary judgment based on qualified immunity. A jury found violations of 42 U.S.C. 1983. The company made, but withdrew, a post trial Rule 50(a) motion. After analyzing the jurisdictional issues presented by the filing of an appeal before a ruling on or withdrawal of the post-trial motion, the Tenth Circuit affirmed, holding that the defendants had waived their claims by withdrawing the motion. The summary judgment rulings were based on remaining issues of fact; because there has been a trial to resolve those issues, the time to appeal those rulings has expired.
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