Opinion of the Court — O'Rourke v. Huff

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Type: Opinion of the Court
Filed: Aug. 16, 2002
Case: O'Rourke v. Huff
Case status: Decided

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SUMMARY ORDER UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the judgment of the district court be AFFIRMED. Frank L. O’Rourke brought suit under 42 U.S.C. § 1983 alleging excessive use of force and unlawful search and seizure in violation of the Fourth Amendment to the United States Constitution. He appeals from the district court’s final judgment dismissing all claims against Ronald L. Huff, Jeffrey D. Wiedrick and Raymond DiPasquale, who were employees of the Livingston County Sheriff and the only defendants remaining at the time of trial. At the close of testimony, the district court denied appellant’s motion under Fed.R.Civ.P. 50(a)(1) for judgment as a matter of law on the issue of O’Rourke’s possessory rights in the truck. After the judge denied O’Rourke’s motion, the jury-ruled for defendants on both the excessive force and search and seizure claims. O’Rourke challenges the district court’s denial of his Rule 50(a) and Rule 59 motions, and thus only appeals from the jury verdict on his unlawful search and seizure claim. He argues that the jury verdict for defendants was not supported by sufficient evidence, and that the admission at trial of his con…

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