Charles Smith v. Walter Davi

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 7:10-cv-00263-SGW-RSB Copies to all parties and the district court/agency. [998839790]. Mailed to: Charles Jerall Smith. [11-7687]

Appeal: 11-7687

Document: 8

Date Filed: 04/25/2012

Page: 1 of 3

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 11-7687

CHARLES JERALL SMITH,
Plaintiff - Appellant,
v.
WALTER DAVIS, a/k/a W. Davis,
Defendant – Appellee,
and
B. LARGE; W. INGLE; T. MCCOY;
GARMAN; T. TRAPP; D. MCCOWAN,

D.

TATE;

TRACY

S.

RAY;

JOHN

Defendants.

Appeal from the United States District Court for the Western
District of Virginia, at Roanoke.
Samuel G. Wilson, District
Judge. (7:10-cv-00263-SGW-RSB)

Submitted:

April 19, 2012

Decided:

April 25, 2012

Before NIEMEYER, SHEDD, and FLOYD, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Charles Jerall Smith, Appellant Pro Se. Richard Carson Vorhis,
Senior Assistant Attorney General, Richmond, Virginia, for
Appellee.

Appeal: 11-7687

Document: 8

Date Filed: 04/25/2012

Page: 2 of 3

Unpublished opinions are not binding precedent in this circuit.

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Appeal: 11-7687

Document: 8

Date Filed: 04/25/2012

Page: 3 of 3

PER CURIAM:
Charles Jerall Smith appeals a district court’s final
order entering judgment in the Appellee’s favor in accordance
with

the

jury’s

resolution

of

the

factual

issues.

Smith

contends that the trial testimony established that the Appellee
used excessive force.

We have reviewed the record and find no

reason to disturb the jury’s verdict.

We note that Smith does

not challenge the district court’s order dismissing his other
claims upon consideration of the Defendants’ motion for summary
judgment.

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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