Labels:book | reckoner | sky OCR: rely upor cases cited to the district court. JA 35 n.1 the and accompanying text The issue before the panel, then. was should it substi- tute its judgment for the judg gment ot advocate The panel was not willing Given our adversary system, we are unwilling say that Elder should be stuck with our distinguish- take on case that his counsel thinks is plaintiff able rather believe that when the has the burden ot addressing the legal facts nece ssary prove that the law was clearly established, the record upon which that deter- mination made is his call rather than ours In the cantext in which the issue reached the panel, the panel's occurred decision should come no surprise certainly error had Elder invited it Thr panel discretion not correct Elder's error whether the erroi was law Or fact IA 4 ...
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