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CASE ENTRY

Orr v. Plumb

Civil Procedure Exam Question: California Highway Patrolman punches septuagenarian in the stomach during a traffic stop, and jury returns a special verdict finding excessive force. Officer isn’t as quick with his notice of appeal as he is with his fists, waiting 199 days to file. But the court’s even slower, waiting 227 days to approve and enter judgment on the special verdict. Is the notice of appeal timely? Professor Ninth Circuit says “No”; judgment was “constructively” entered after 150 days.


Tags: 2018, Civil Procedure, Excessive Force, Ninth Circuit

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