Adib Makdessi v. Lt. Fields

I agree that Makdessi waived his appellate challenge to the judgment in favor of *140defendants Bellamy, Boyd, and Hall. However, I disagree that the judges below improperly analyzed Makdessi’s Eighth Amendment claim against defendants Fields, King, and Gallihar. In my view, the majority’s consideration of the judgment in favor of the latter three defendants is more akin to a summary judgment review than a bench trial review, and it fails to adequately account for the factual findings made by the magistrate judge and reviewed de novo by the district judge.1

I

For purposes of this appeal, it…