Williams v. Bramer

• Court: Court of Appeals for the Fifth Circuit
• Decided: December 21, 2001
• Docket: 01-10585
• Status: Unpublished

Opinion

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 01-10585 Summary Calendar

SIR WILLIAMS,

Plaintiff-Appellant,

versus

MICHAEL L. BRAMER; ET AL.,

Defendants,

MICHAEL L. BRAMER,

Defendant-Appellee.

-------------------- Appeal from the United States District Court for the Northern District of Texas USDC No. 3:97-CV-742-M -------------------- December 18, 2001 Before JONES, SMITH, and EMILIO M. GARZA, Circuit Judges.

PER CURIAM:*

Sir Williams appeals the dismissal of his 42 U.S.C. § 1983

action against a Dallas police officer who allegedly choked him

during an investigative stop. See Williams v. Bramer, 180 F.3d

699 (5th Cir. 1999), clarified on rehearing, 186 F.3d 633

(5th Cir. 1999). He argues that there was insufficient evidence

to support the jury’s finding that he suffered no injury. Trial

testimony that Williams was not choked and showed no signs of any

* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. No. 01-10585 -2-

injury more than satisfies the deferential “any evidence”

standard used to review the jury’s verdict in the absence of a

motion by Williams for judgment as a matter of law in the trial

court. See Coughlin v. Capitol Cement Co., 571 F.2d 290, 297

(5th Cir. 1978); see also Little v. Bankers Life & Cas. Co., 426

F.2d 509, 511 (5th Cir. 1970) (defendant but not plaintiff moved

for directed verdict).

The judgment of the district court is AFFIRMED.