When a district court declines to make factual findings because an antecedent legal ruling makes those findings unnecessary, and an appellant challenges that legal ruling on appeal, must the appellant also independently allege and establish that the district court's failure to make those findings was clearly erroneous; or does Pullman-Standard v. Swint, 456 U.S. 273 (1982), require the court of appeals to resolve the legal question and, if it finds error, remand for the district court to make the missing findings in the first instance?

and

(2) Did the Fourth Circuit again violate the party presentation principle by raising and deciding a dispositive issue neither argued nor briefed by either party?

Whether the Fourth Circuit violated Pullman-Standard v. Swint by refusing to remand for factfinding after finding legal error and instead deciding an excessive force claim in the first instance on an incomplete factual record, and whether the Fourth Circuit violated the party presentation principle by raising and deciding a dispositive issue neither argued nor briefed by the parties