Lisa Murphy v. Smith, No. 14-3297 (8th Cir. 2015)
Annotate this CaseCourt Description: Prisoner case - Prisoner Civil Rights. Defendant's judgment on plaintiff's excessive force claim affirmed without comment.
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 14-3297 ___________________________ Lisa Murphy lllllllllllllllllllll Plaintiff - Appellant v. G Robinson, Sheriff, Dub Brassell Detention Center, ADC; Bowlin, Chief, Dub Brassell Detention Center, ADC; Tyler, Major, Dub Brassell Detention Center, ADC; Adem, Captain, Dub Brassell Detention Center, ADC lllllllllllllllllllll Defendants Smith, Correctional Officer, Dub Brassell Detention Center, ADC lllllllllllllllllllll Defendant - Appellee White, Correctional Officer, Dub Brassell Detention Center, ADC lllllllllllllllllllll Defendant ____________ Appeal from United States District Court for the Eastern District of Arkansas - Pine Bluff ____________ Submitted: March 20, 2015 Filed: March 30, 2015 [Unpublished] ____________ Before WOLLMAN, MURPHY, and GRUENDER, Circuit Judges. ____________ PER CURIAM. In this 42 U.S.C. § 1983 action, Arkansas inmate Lisa Murphy appeals the district court’s1 judgment entered upon a jury verdict in favor of the defendant correctional officer on Murphy’s excessive-force claim. Having carefully considered the arguments that Murphy raises in this appeal, we conclude that she has not provided any basis for reversal. See Sanders v. Hobbs, 773 F.3d 186, 190 (8th Cir. 2014) (court of appeals does not assess credibility of witnesses or weigh evidence).2 Accordingly, we affirm, see 8th Cir. R. 47B, and we deny Murphy’s motion for appointment of counsel. ______________________________ 1 The Honorable Joe J. Volpe, United States Magistrate Judge for the Eastern District of Arkansas, to whom the case was referred for final disposition by consent of the parties pursuant to 28 U.S.C. § 636(c). 2 Further, Murphy’s failure to provide a trial transcript prevents meaningful review of issues regarding witness testimony. See Fed. R. App. P. 10(b) (appellant's duty to order transcript); Kelly v. Omaha Housing Authority, 721 F.3d 560, 562 (8th Cir. 2013) (appellant must furnish reviewing court with all parts of proceedings below necessary for determination of validity of any claimed error), cert. denied, 134 S. Ct. 1010 (2014). -2-
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