Can a party appeal from a ruling or finding that he or she unequivocally conceded to be correct before the district court?

MultiRegion, United States of America

The following excerpt is from Flores v. Coley, 72 F.3d 135 (9th Cir. 1995):

A party cannot appeal from a ruling or finding that he or she unequivocally conceded to be correct before the district court. See Mendoza v. Block, 27 F.3d 1357, 1360 (9th Cir.1994) (a plaintiff who unequivocally states that he does not object to a suggested procedure, cannot challenge it on appeal). In the present case, Flores emphatically informed the court that he was not suing the County employees in their individual capacities. Accordingly, Flores is precluded from presenting this issue on appeal.

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