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Romano v. Tine
Citation: 62 F. App'x 26Docket: No. 01-9387
Court: Court of Appeals for the Second Circuit; April 1, 2003; Federal Appellate Court
A summary order from the United States Court of Appeals for the Second Circuit, dated April 2, 2003, affirms the district court's decision granting summary judgment in favor of defendant police officers in a civil rights case brought by plaintiffs-appellants Aaron Romano and Cynthia Fernandez-Romano. The plaintiffs alleged violations of their civil rights related to the police investigation of suspected domestic abuse and the subsequent arrest of Aaron Romano. The district court found no violation of the plaintiffs' rights, even when considering the evidence in their favor, and further ruled that the defendants were entitled to qualified immunity. The appellate court notes that the plaintiffs only challenged the first holding regarding the violation of rights and failed to address the qualified immunity ruling in their briefs. As a result, they waived their challenge to the latter ruling, consistent with precedents that state any unchallenged rulings on appeal are considered waived. The court determined that there was no manifest injustice that would necessitate addressing the qualified immunity issue despite its abandonment in the appeal. Consequently, the appellate court upheld the district court's judgment, affirming the dismissal of the plaintiffs' complaint.