Robert Frost, Jr. v. G. Toney

Filing 920090604

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 08-6411

ROBERT FROST, JR., Plaintiff - Appellant, v. G. TONEY, Officer, #03167, Lee Correctional Institution, in his individual and official capacity, Defendant - Appellee.

Appeal from the United States District Court for the District of South Carolina, at Anderson. Joseph F. Anderson, Jr., Chief District Judge. (8:07-cv-00108-JFA)

Submitted:

April 30, 2009

Decided:

June 4, 2009

Before WILKINSON, KING, and GREGORY, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Robert Frost, Jr., Appellant Pro Se. Marshall Waldron, Jr., Beaufort, South Carolina, for Appellee.

Hodges

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM: Robert Frost, Jr., appeals from the district court's order entered in accordance with the jury's verdict finding

unanimously for the Defendant in Frost's 42 U.S.C. § 1983 (2000) action alleging excessive use of force. We will reverse a jury's verdict only when there is a complete absence of probative facts to support the jury's

conclusions.

Sherrill White Constr., Inc. v. South Carolina The "verdict

Nat'l Bank, 713 F.2d 1047, 1050 (4th Cir. 1983).

must stand if, taking the evidence in the light most favorable to Defendant, there is `any substantial evidence' to support it." Vodrey v. Golden, 864 F.2d 28, 30 n.4 (4th Cir. 1988).

"Substantial evidence" is such evidence as a reasonable mind might accept as adequate to support the conclusion even if

different conclusions also might be supported by the evidence. Gibralter Sav. v. LDBrinkman Corp., 860 F.2d 1275, 1297 (5th Cir. 1988). weigh the Finally, in reviewing a jury verdict, we do not evidence or review witness credibility. United

States v. Saunders, 886 F.2d 56, 60 (4th Cir. 1989). The witnesses over jury the heard course testimony of two from days. a total The of eight clearly

jury

believed the testimony of the Defendant's witnesses.

Because we

do not weigh the credibility of witnesses, Frost cannot show that there was a complete absence of probative facts to support 2

the jury's verdict.

Accordingly, we affirm.

In light of this

disposition, we deny Frost's motions to correct the record, to remand the case, and for leave to file a statement of the

evidence. legal before

We dispense with oral argument because the facts and are and adequately argument presented not in aid the the materials decisional

contentions the court

would

process. AFFIRMED

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