Bowers v. Montgomery

34 F. App'x 116

• Court: Court of Appeals for the Fourth Circuit
• Decided: May 9, 2002
• Docket: 01-2048
• Status: Unpublished

Opinion

PER CURIAM.

Craig Bowers appeals the district court’s order granting summary judgment in fa vor of Wayne Montgomery in this action filed under 42 U.S.C.A. § 1988 (West Supp.2001). * We have reviewed the parties’ briefs, the joint appendix, and the district court’s opinion and find that Bowers’ conduct was not protected by the First Amendment and there was probable cause to arrest. Accordingly, we affirm. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

AFFIRMED.

* Bowers also named Sergeant Reginald Miller as a defendant, but does not challenge on appeal the district court’s grant of summary judgment in Miller’s favor. Nor does Bowers appear to challenge the dismissal of his state law claim of false arrest. We therefore find that he has abandoned these claims on appeal. Pleasurecraft Marine Engine Co. v. Thermo Power Corp., 272 F.3d 654, 657 (4th Cir. 2001) (noting that issues not raised in opening brief not preserved for appeal).