Jennings v. Jones

With respect, I dissent. The majority opinion, in two holdings, adopts new rules for this circuit which, I believe, are wrongly decided and inconsistent with Supreme Court and circuit precedent.

The majority opinion holds that a trial court, to whom the ultimate decision on qualified immunity is granted, erred in granting qualified immunity; it committed error, the majority says, because a jury *138found by a general verdict that Officer Jones had used excessive force.

The majority opinion also adopts a new rule, a “deemed abandonment” theory, enters judgment itself against Officer Jones, and…