Grant Long v. Darren Smith, Sr.

• Court: Court of Appeals for the Eighth Circuit
• Decided: November 20, 2023
• Docket: 22-3060
• Status: Unpublished

Opinion

United States Court of Appeals For the Eighth Circuit ___________________________

No. 22-3060 ___________________________

Grant Long

lllllllllllllllllllllPlaintiff - Appellant

Arsenio Clinton

lllllllllllllllllllllPlaintiff

v.

Darren D. Smith, Sr., Individually and in his official capacity as a police officer for the City of Forrest City; City of Forrest City

lllllllllllllllllllllDefendants - Appellees ____________

Appeal from United States District Court for the Eastern District of Arkansas ____________

Submitted: November 14, 2023 Filed: November 20, 2023 [Unpublished] ____________

Before LOKEN, ERICKSON, and GRASZ, Circuit Judges. ____________

PER CURIAM. Grant Long appeals the judgment entered by the district court1 following an adverse jury verdict in his 42 U.S.C. § 1983 action. We cannot review Long’s challenges to the sufficiency of the evidence or evidentiary rulings because Long did not provide a trial transcript and did not request preparation of a transcript at government expense. See Fed. R. App. P. 10(b); Schmid v. United Bhd. of Carpenters & Joiners of Am., 827 F.2d 384, 386 (8th Cir. 1987) (holding pro se appellant’s failure to order trial transcript made it impossible to rule on weight of evidence or evaluate challenged evidentiary rulings). Further, based on the limited record before us, we conclude no error is apparent in the jury instructions. See Kaplan v. Mayo Clinic, 653 F.3d 720, 726 (8th Cir. 2011) (standard of review). Long also challenges the district court’s pretrial grant of summary judgment on his abuse of process claim. After careful review, we conclude summary judgment on this claim was proper. See De Rossitte v. Correct Care Sols., LLC, 22 F.4th 796, 802 (8th Cir. 2022) (reviewing de novo grant of summary judgment). According, we affirm. See 8th Cir. R. 47B. ______________________________

1 The Honorable Lee P. Rudofsky, United States District Judge for the Eastern District of Arkansas.

-2-