Opinion

Elizabeth Roque-Rodriguez v. Hon. Jose Lema Moya

  • 926 F.2d 103
  • 18 Fed. R. Serv. 3d 1279
  • 1991 U.S. App. LEXIS 3105
  • 1991 WL 22956
Court
Court of Appeals for the First Circuit
Filed
Feb 27, 1991
Status
Published
Author
Torruella
On the bench
Torruella, Selya, Pollak
Cited by
48 cases
Authority
More cited than 25.7%

holding that “[t]he march of time began” for the period in which to file a Rule 59(e) motion on the date the court entered an order that was “immediately appealable”

How later courts described this case

  • holding that “[t]he march of time began” for the period in which to file a Rule 59(e) motion on the date the court entered an order that was “immediately appealable”
  • noting that although brevity is permissible on summary judgment motions, "a bench decision or memorandum' which explicates the trial court’s thinking will often prove to be of inestimable value to the litigants and to a reviewing court”
  • deciding that because district court’s rejection of qualified immunity and denial of summary judgment was “functional equivalent of a judgment for purposes of appeal,” court’s order “came within the purview of” Rule 59(e)
  • noting that restrictions on pendent jurisdiction are “self-imposed” and mean that “interlocutory review of a qualified immunity order does not in and of itself confer jurisdiction over other contested issues in the case”

Written by the judges who cited it.

The opinion

TORRUELLA, Circuit Judge

(dissenting).

For the reasons expressed in my dissent in Nuñez-Soto v. Alvarado, 918 F.2d 1029 (1st Cir.1990) (Torruella, J., dissenting), I am forced to reach a different conclusion than my colleagues in this case. I respectfully dissent.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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