Rayshaid Robinson v. Health Alliance of Cincinnati, et al

Filing

Per Curiam OPINION filed: AFFIRMED, pursuant to rule 34(j)(2)(c). Boyce F. Martin , Jr., Circuit Judge; Eric L. Clay, Circuit Judge and Joseph M. Hood, U.S. District Judge for the Eastern District of KY.

Case: 11-3701 Document: 006111336204 Filed: 06/13/2012
NOT RECOMMENDED FOR FULL-TEXT PUBLICATION
File Name: 12a0616n.06

Page: 1

No. 11-3701
UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT
FILED
RAYSHAID M. ROBINSON,
Plaintiff-Appellant,
v.
HEALTH ALLIANCE OF CINCINNATI;
DEPARTMENT OF PUBLIC SAFETY FOR
THE HEALTH ALLIANCE OF
CINCINNATI; PAUL PHILLIPS, In his
official and individual capacities; KAREN
BOSLEY, In her official and individual
capacities; JOHN DOES,
Defendants-Appellees.

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Jun 13, 2012
LEONARD GREEN, Clerk
ON APPEAL FROM THE UNITED
STATES DISTRICT COURT FOR
THE SOUTHERN DISTRICT OF
OHIO

Before: MARTIN and CLAY, Circuit Judges; HOOD, District Judge.*
PER CURIAM. Rayshaid M. Robinson, an Ohio resident proceeding pro se, appeals a
jury’s verdict rendered against him in his civil rights action filed pursuant to 42 U.S.C. § 1983.
On April 16, 2008, two security officers employed by Health Alliance of Greater Cincinnati
observed Robinson walking through an area on the Health Alliance campus marked “no trespassing.”
The officers instructed Robinson to stop. Once stopped, Robinson became defiant and began cursing
at the officers. The officers ordered Robinson to the ground. He complied. As the officers
attempted to handcuff Robinson, he moved his arm in what the officers perceived to be a threatening
manner. Consequently, both officers deployed their tasers. After having been tased, Robinson
became compliant and was ultimately charged with resisting arrest, obstructing official business, and
disorderly conduct. In July 2008, Robinson was found not guilty on all charges.

*

The Honorable Joseph M. Hood, United States District Judge for the Eastern District of
Kentucky, sitting by designation.

Case: 11-3701

Document: 006111336204
No. 11-3701
-2-

Filed: 06/13/2012

Page: 2

In March 2009, Robinson filed a complaint against the defendants pursuant to § 1983. After
a seven day trial, a jury entered a verdict in favor of all the defendants. On appeal, Robinson argues
that he was denied a fair trial because 1) the jury ignored the evidence, 2) the district court
incorrectly decided the facts, and 3) the district court erred in denying his challenge under Batson
v. Kentucky, 476 U.S. 79 (1986).
As the appellant, Robinson must “order from the reporter a transcript of such parts of the
proceedings not already on file as [he] considers necessary.” Fed. R. App. P. 10(b)(1)(A). Robinson
ordered only an excerpt of the transcript from the second day of trial, which contains the defendants’
counsel’s opening statement. This excerpt provides no support for any of Robinson’s claims.
Consequently, we are left with no basis on which to conduct a meaningful review. Therefore,
Robinson’s claims raised on appeal are deemed waived. See Fed. R. App. P. 10(b)(2); Hawley v.
City of Cleveland, 24 F.3d 814, 820–22 (6th Cir. 1994).
The district court’s judgment is affirmed.