David Ayers v. CHMA, et al

Filing

OPINION and JUDGMENT filed : The qualified-immunity defense, the denial of the preverdict motion for judgment as a matter of law, and the challenge to the sufficiency of evidence are DECLINED to be heard because those arguments have been procedurally forfeited. IT IS FURTHER ORDERED that the judgment of the district court is otherwise AFFIRMED. Decision for publication. Alice M. Batchelder, Ronald Lee Gilman (AUTHORING), and Julia Smith Gibbons, Circuit Judges.

Case: 13-3413

Document: 73-3

Filed: 12/02/2014

Page: 1

UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT
No. 13-3413
DAVID AYERS,
Plaintiff - Appellee,

FILED
Dec 02, 2014
DEBORAH S. HUNT, Clerk

v.
CITY OF CLEVELAND,
Defendant,
MICHAEL CIPO and DENISE KOVACH,
Cleveland Police Detectives,
Defendants - Appellants.

Before: BATCHELDER, GILMAN, and GIBBONS, Circuit Judges.
JUDGMENT
On Appeal from the United States District Court
for the Northern District of Ohio at Cleveland.
THIS CAUSE was heard on the record from the district court and was submitted on the briefs
without oral argument.
IN CONSIDERATION WHEREOF, it is ORDERED that the qualified-immunity defense, the
denial of the preverdict motion for judgment as a matter of law, and the challenge to the sufficiency of
evidence are DECLINED to be heard because those arguments have been procedurally forfeited. IT IS
FURTHER ORDERED that the judgment of the district court is otherwise AFFIRMED.
ENTERED BY ORDER OF THE COURT

Deborah S. Hunt, Clerk