Walker v. Pitts

• Court: Court of Appeals for the Fourth Circuit
• Decided: February 26, 2004
• Docket: 03-7402
• Status: Unpublished

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 03-7402

SHAMEKE WALKER,

Plaintiff - Appellant,

versus

MARSHALL PITTS, Lieutenant, Broad River Correctional Institution; HERMAN WRIGHT, Sergeant; WILLIAM CAMLIN; LLOYD B. JACKSON, Officer,

Defendants - Appellees,

and

C. J. CEPAK, Warden; JOHN MAXCY, Major; PERCY JONES, Captain,

Defendants,

JACK M. CLARKE,

Party in Interest.

Appeal from the United States District Court for the District of South Carolina, at Greenville. Joseph F. Anderson, Jr., Chief District Judge. (CA-01-3173-17-6)

Submitted: January 30, 2004 Decided: February 26, 2004

Before WILLIAMS, MOTZ, and SHEDD, Circuit Judges. Affirmed by unpublished per curiam opinion.

Shameke Walker, Appellant Pro Se. William Elvin Hopkins, Jr., William James Johnson, MCCUTCHEN, BLANTON, JOHNSON & BARNETTE, L.L.P., Columbia, South Carolina, for Appellees.

Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).

- 2 - PER CURIAM:

Shameke Walker appeals the district court’s order

entering judgment for Defendants in accordance with the jury’s

verdict in this 42 U.S.C. § 1983 (2000) action alleging the

excessive use of force. We have reviewed the record and other

materials before us and find no reversible error. The parties’

versions of events were contradictory. We will not disturb the

jury’s credibility determination in favor of the Defendants, nor

will we weigh the evidence anew. 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

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