Brian Jordan v. Brandon Carmean, No. 13-3475 (8th Cir. 2014)
Annotate this CaseCourt Description: Civil case - Civil rights. Magistrate judge did not abuse his discretion by denying plaintiff's motion for appointment of counsel and did not err in granting judgment as a matter of law for defendants.
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 13-3475 ___________________________ Brian T. Jordan lllllllllllllllllllll Plaintiff - Appellant v. Sgt. Brandon Carmean; Deputy Michael Niel; Investigator Jeremy D. Felton lllllllllllllllllllll Defendants - Appellees ____________ Appeal from United States District Court for the Western District of Arkansas - Fayetteville ____________ Submitted: July 18, 2014 Filed: July 25, 2014 [Unpublished] ____________ Before BYE, SMITH, and KELLY, Circuit Judges. ____________ PER CURIAM. Brian Jordan appeals after the district court1 entered judgment on an adverse jury verdict in his 42 U.S.C. § 1983 action. On appeal, Jordan challenges only the 1 The Honorable Jimm Larry Hendren, United States District Judge for the Western District of Arkansas. magistrate judge s2 denials of his motions for appointment of counsel, and the district court s entry of judgment as a matter of law for one of the defendants during the trial. After careful review, we first conclude that the magistrate judge did not abuse his discretion in denying Jordan s motions for appointment of counsel. See Phillips v. Jasper Cnty. Jail, 437 F.3d 791, 794-795 (8th Cir. 2006) (abuse-of-discretion standard of review; setting forth relevant criteria for appointment of counsel). We further conclude that the district court did not err in granting judgment as a matter of law to one of the defendants. See Sisk v. Picture People, Inc., 669 F.3d 896, 899 (8th Cir. 2012) (de novo standard of review); Hopson v. Fredericksen, 961 F.2d 1374, 1378-79 (8th Cir. 1992) (upholding directed verdict for police officer on § 1983 claim where officer allegedly threatened physical injury if arrestee remained silent, but did not brandish weapon, physically assault arrestee, or make any type of physical gesture toward him). Accordingly, we affirm. See 8th Cir. R. 47B. ______________________________ 2 The Honorable James R. Marschewski, United States Magistrate Judge for the Western District of Arkansas. -2-
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