Documente Academic
Documente Profesional
Documente Cultură
SELYA,
SELYA,
Circuit Judge.
Circuit Judge.
______________
prescribe a
remedy, yet
information
about
the
we
cannot
Consequently,
therefore, decline
Appellant
denies us
etiology
dispense
seeks
access to
of
the
the
us
any authoritative
patient's
requested
to have
condition.
relief
and,
court's treatment of
the case.
I
I
During
the evening
of
February
8, 1991,
defendant-
appellee Paul Murphy and his partner, Andrew Garvey, were working
as
undercover
police
detectives.
They
observed
plaintiff-
Street, in
in a
Violence erupted.
In
due
U.S.C.
Gen. L.
officers approached
course, Moore
Believing Moore to
sued
the
officers in
federal
ch. 12,
11I
to a jury.
At the close of the evidence, the court instructed on the law and
gave
the jurors
findings.
verdict form
(the Form)
soliciting special
____________________
deliberations,
On
found that Murphy, not Garvey, had violated the MCRA, but
that, in
all
Murphy's
transgression; and
common law
events,
claim.
no "harm"
was
found
"proximately
for both
caused"
defendants on
by
the
alter or
amend the
judgment, Fed.
R. Civ.
P. 59(e).
The
II
II
On appeal, Moore does
This argument
conclude that, once the jury found that Murphy violated the MCRA,
Moore's
entitlement
to a
favorable
to damages.
Moore's argument
the
harm
in support
of
The mission
theoretical
Rather,
vested, and
appellate review.
mull
judgment
appellate
of the
abstractions
judges
appellate judiciary is
nor
fulfill
to
their
practice
review
neither to
clairvoyance.
function
by
____________________
2We reproduce the Form as Appendix A.
3
of
litigated cases.
seeking appellate
the
court needs
default.
In
review fails to
to
the
carry out
Where,
as here,
its
task, that
succeeding sections,
we
and
party
tools that
party
loses by
expound
upon this
R.
App.
P.
10(b)(1)
directs
parties
to
into
such parts
is necessary
"to print
point he
all of
This rule
the evidence,
wishes to raise."
seeking
imposes a duty
good and
upon an appellant
bad, material to
the
court in its
transcript thwarts
intelligent review.
case insofar
the absence
See Fed.
___
R.
App. P. 3(a); United States v. One Motor Yacht Named Mercury, 527
_____________
_____________________________
F.2d 1112, 1113 (1st Cir. 1975).
a regularity bordering
provided
on appeal prove
to be so
deficient as to
preclude us
____________________
from
appellant
appeal."
brunt of an
insufficient record on
v. Diaz-Marquez, 878
____________
n.5
________________
____________________________
One Motor
_________
transcript.
contention that
the MCRA.
the
In
leaves
appeal
causation is not
jurors,
if
they
affirmatively (that
defendants
choice
but to
of this
jettison
viability
an element of
either
his
Moore's
intimidation
of
trial
Question
one or both
state
#3
of the
constitutional
to "proceed
to
his
or coercion"),
an affirmative
of
liability under
part
found that
Gregory
Appendix A.
the
is, if they
upon
on
answered
"violate[d]
by threat,
Question #4"
(not
us no
depends
rights
We explain briefly.
Moore's
court
created just
his omission
appeal.
Question
into damages)
#4, #6, or
#3).
#8
See infra
___ _____
count
2 suggests
violation
proof of
matter on
the
and some
a
same
perceived
ensuing harm.
causal connection
which we do not
linkage between
Even
if this
were error
opine
And
in the
it would
MCRA
insistence on
abstract
be reversible error
take
as
asserts
true
that
appellant
did
not
make
appropriately specific
objections to
the district
instructions or to the
timely,
court's jury
These
charge
specificity. See
___
the
at
Fed. R. Civ. P.
Rule 51 is treated as a
the
time
51.
and
with
The failure
and in the
reasonable
to object to
manner, designated by
particular case.
F.2d
particular
v. Robles, 937
______
847 F.2d 35, 38-39 (1st Cir. 1988); Murphy v. Dyer, 409 F.2d 747,
______
748
duty of diligence in
after
to be
instructions, including
verdict
____
returned
instructions on
by the
jury,
"Silence
the form
of the
typically constitutes
To
be
sure,
an
appellate
is reserved for
See
___
id.
___
use in
Normally, the
only the
court
See,
___
may
an
e.g., Poulin v.
____ ______
most egregious
appellant must
review
circumstances.
show that
the alleged
See Toscano v. Chandris, S.A., 934 F.2d 383, 385 (1st Cir. 1991);
___ _______
______________
United States v.
______________
Griffin, 818
_______
F.2d 97,
100 (1st
Cir.), cert.
_____
by any
vault
error
the plain
stretch of the
hurdle.4
most vivid
Given
the unchallenged
we see no
imagination
manifest injustice in
jury
no further.5
Since appellant
he
must
(explaining that
bear the
onus.
the wind .
for this
Cf. Hosea
___
. . shall
8:7
reap the
____________________
whirlwind").
Affirmed.
Affirmed.
________