Charles K. Elder; Beverly S. Elder, husband and wife, Plaintiffs-Appellants, v. R. D. Holloway; Other Unknown
Employees and/or Agents, individually and in their official capacity as police officers for the Ada County Sheriff's
Office, et al., Defendants-Appellees.
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
951 F.2d 1112
; 1991 U.S. App. LEXIS 29501; 21 Fed. R. Serv. 3d (Callaghan) 637; 91 Daily Journal DAR 15638
October 8, 1991, Argued and Submitted, Seattle, Washington
December 19, 1991, Filed
Amended and Petition for Rehearing Denied and Suggestion for Rehearing En Banc
Rejected, September 17, 1992, Reported at
1992 U.S. App. LEXIS 22255
[**1] Appeal from the United States District Court for the District of Idaho. D.C. No. CV-88-
1329-HLR. Harold L. Ryan, District Judge, Presiding.
Plaintiffs, husband and wife, appealed a judgment of the United States District
Court for the District of Idaho which granted summary judgment for defendants, law enforcement officers, in
an action filed by plaintiffs under
42 U.S.C.S. § 1983
Plaintiffs, husband and wife, filed an action under
42 U.S.C.S. § 1983
after plaintiff severely
injured himself while exiting his home on orders given plaintiff by defendants, law enforcement officers, so
that plaintiff could be arrested. Plaintiffs alleged that the right of plaintiff not to be arrested in his home without
a warrant was violated. The district court granted summary judgment to defendants. On appeal, plaintiff
asserted that on-point legal authority that was not presented at trial should have been considered. The court
affirmed summary judgment for defendants. The court held that plaintiffs' failed to meet their burden of proof
by not presenting the legal authority in district court, that facts not presented in district court could not be
presented on appeal, and that to reverse because of legal authority not called to the attention of the district court
would impose the burden of practicing law on a district judge thereby implicating the court's impartiality.
The court affirmed summary judgment for defendants, law enforcement officers, because
plaintiffs failed to meet their burden of proof by not presenting the on-point legal authority in district court
which they presented on appeal.
summary judgment, qualified immunity, arrest, constitutional right, personal jurisdiction, waived,
legal authorities, arrested, inside, jury instructions, directed verdict, plain error, en banc, insufficiency,
constructive, surrounded, pre-answer, pressed, weapons, law enforcement officer
John Charles Lynn, Lynn, Scott & Hackney, Boise, Idaho, for the plaintiffs-appellants.