Shawn Brown v. Unknown Officers of PG County, No. 13-1199 (4th Cir. 2014)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 13-1199 SHAWN BROWN, Plaintiff - Appellant, v. UNKNOWN OFFICERS OF THE PRINCE GEORGE S COUNTY POLICE DEPARTMENT; OFFICER ZACHARY O LARE; OFFICER ANTHONY KING; SGT. ERIC BROWN, Defendants Appellees, and PRINCE GEORGE S COUNTY, MD; ROBBIE LOVEDAY; CPL DARIN BUSH; RODNEY LEWIS; CPL. TYRONE SAVAGE; OFFICER BEAU JARVIS; OFFICER ANTONIO SAVOY; SGT. VONDELL SMITH, Defendants. Appeal from the United States District Court for the District of Maryland, at Greenbelt. Deborah K. Chasanow, Chief District Judge. (8:07-cv-02591-DKC) Submitted: January 30, 2014 Decided: Before KING, GREGORY, and DAVIS, Circuit Judges. Affirmed by unpublished per curiam opinion. February 4, 2014 Shawn Brown, Appellant Pro Se. Tonia Yvetta Belton Gofreed, PRINCE GEORGE S COUNTY OFFICE OF LAW, Upper Marlboro, Maryland, for Appellees. Unpublished opinions are not binding precedent in this circuit. 2 PER CURIAM: Shawn Brown appeals the district court s order entered in accordance with the jury s verdict finding for the Defendants in Brown s 42 U.S.C. § 1983 (2006) action alleging excessive use of force. We will reverse a jury s verdict only when there is a complete absence conclusions. of probative facts to support the jury s Sherrill White Constr., Inc. v. South Carolina Nat l Bank, 713 F.2d 1047, 1050 (4th Cir. 1983). The verdict must stand if, taking the evidence in the light most favorable to Defendant, there is any substantial evidence to support it. Vodrey v. Golden, 864 F.2d 28, 30 n.4 (4th Cir. 1988). Substantial evidence is such evidence as a reasonable mind might accept as adequate to support the conclusion even if different conclusions also might be supported by the evidence. Gibralter Sav. v. LDBrinkman Corp., 860 F.2d 1275, 1297 (5th Cir. 1988). Finally, in reviewing a jury verdict, we do not weigh the evidence or review witness credibility. United States v. Saunders, 886 F.2d 56, 60 (4th Cir. 1989). The witnesses jury over the heard testimony course of four from a days. total of thirteen The jury clearly believed the testimony of the Defendants witnesses. Because we do not weigh the credibility of witnesses, Brown cannot show that there was a complete absence of probative facts to support 3 the jury s verdict. oral argument adequately Accordingly, we affirm. because presented in the the facts and materials We dispense with legal contentions are before this and court argument would not aid the decisional process. AFFIRMED 4

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