“Because Pollack failed to raise [certain] arguments before the district court, and this is not an exceptional circumstance, we decline to give him a second bite at the apple, and we hold that his novel arguments concerning qualified immunity are forfeited.”
How later courts described this case
- “Because Pollack failed to raise [certain] arguments before the district court, and this is not an exceptional circumstance, we decline to give him a second bite at the apple, and we hold that his novel arguments concerning qualified immunity are forfeited.”
- argument not raised in initial brief is waived
- “Although Galinis refused to cooperate with officers’ orders, his conduct amounted to little more than passive noncompliance.”
Written by the judges who cited it.
The opinion
KAREN NELSON MOORE, Circuit Judge,
concurring in the judgment.
I agree with the majority that the district court correctly denied qualified immunity to the officers. Because I prefer not to opine on the strength of the appellant’s forfeited arguments on appeal—or the wisdom of prohibiting video recordings in a *358 courthouse—I respectfully concur only in the judgment.