1). Whether The U.S. Court of Appeals erred by affirming summary judgment in favor of the Defendants on the intentional tort claim only without addressing, hearing or ruling on the negligence claim and disregarded it?
2). Should have the U.S. Court of Appeals affirmed in part in favor of the Defendants as to the intentional claim, and reversed in part in favor of the Plaintiff as to the negligence claim, and thereby ordering the lower district court to proceed on the negligence claim?
3). Whether based on questions one and two (1) and (2), the Plaintiff was prejudiced thereby?