In Sanchez v. Guzman, the U.S. Court of Appeals for the Tenth Circuit affirmed the district court’s decision to grant qualified immunity in a Section 1983 excessive-force claim. In doing so, the court emphasized that litigants can waive a winning argument if they fail to properly prosecute their appeal.
In Sanchez v. Guzman, No. 22-1322, 2024 U.S. App. LEXIS 15756 (10th Cir. June 28, 2024), the Tenth Circuit took up the appeal of a district court order granting qualified immunity to several defendant police officers for an excessive-force claim under Section 1983. The appellate court affirmed the decision below, holding that the plaintiffs had “effectively waived” many of their arguments by failing to “defined the operative factual universe” used to determine whether the relevant law was clearly established. The Sanchez decision offers insights into the structure of a qualified immunity appeal, and also underscores the point that appellants must be mindful of the way they present their appeal.
