Opinion

Muldrow v. Brown

Court
Court of Appeals for the Fourth Circuit
Filed
Nov 21, 2000
Status
Unpublished
Cited by
0 cases
Authority
More cited than 28.1%

The opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

ANGELO MULDROW, 

Plaintiff-Appellant,

v.

CURT BROWN; LAKE CITY POLICE  No. 00-6787

DEPARTMENT; JIMMY WILSON,

Captain; EVELYN COLDTRAIN, Det.;

CALVIN T. SMITH, Ofc.,

Defendants-Appellees.

Appeal from the United States District Court

for the District of South Carolina, at Greenwood.

David C. Norton, District Judge.

(CA-97-3580-9-18RB)

Submitted: October 31, 2000

Decided: November 21, 2000

Before LUTTIG, WILLIAMS, and MICHAEL, Circuit Judges.

Affirmed by unpublished per curiam opinion.

COUNSEL

Angelo Muldrow, Appellant Pro Se. Robert Thomas King, WILL-

COX, BUYCK & WILLIAMS, P.A., Florence, South Carolina, for

Appellees.

2 MULDROW v. BROWN

Unpublished opinions are not binding precedent in this circuit. See

Local Rule 36(c).

OPINION

PER CURIAM:

Angelo Muldrow appeals the district court’s order adopting the

magistrate judge’s recommendation and denying relief on his 42

U.S.C.A. § 1983 (West Supp. 2000) complaint. We have reviewed the

record and the district court’s opinion and find no reversible error.

Accordingly, we affirm substantially on the reasoning of the district

court. See Muldrow v. Brown, No. CA-97-3580-9-18RB (D.S.C. May

24, 2000). The district court analyzed Muldrow’s claim concerning

the allegedly forged confession under the Fifth Amendment. As Mul-

drow correctly notes on appeal, the Fifth Amendment is not impli-

cated because he claims that the confession is false and that,

consequently, he did not incriminate himself. Nevertheless, summary

judgment in favor of Defendants was appropriate because Muldrow’s

claim that Defendants forged his signature on a false confession is

more akin to a strictly state law malicious prosecution claim and, as

such, is not cognizable under § 1983. See Lambert v. Williams, 223

F.3d 257, 260 (4th Cir. 2000). 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

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.