Holding of prior panel is binding circuit precedent, in addition to law of the case.
Where the principal agent in the theory of municipal liability is exonerated at trial, municipality may still be liable under the theory that the principal actor was exonerated in his functional role, but held to be culpable in his managerial and policymaking role.
Sufficient evidence to support earlier interlocutory holdings on qualified immunity.
Statements and visual aids in opening and closing that referenced innocence of plaintiffs were not unduly prejudicial.
No error in reckless investigation jury instruction that referenced reckless gathering of unreliable evidence, as it does not suggest the lesser threshold of negligence.
"Pled."
http://media.ca8.uscourts.gov/opndir/18/06/164059P.pdf
Since 2011. An occasional commonplacing of the U.S. Circuit Courts of Appeal.
Neither an authoritative statement of the law nor legal advice. Quick work.