# Brown v. Unknown Officers of the Prince George's County Police Department

> Court of Appeals for the Fourth Circuit · February 4, 2014 · 553 F. App'x 339

URL: https://www.frixlaw.com/law-library/cases/2652177

## Case

- **Full name:** Shawn BROWN, Plaintiff-Appellant, v. UNKNOWN OFFICERS OF the PRINCE GEORGE’S COUNTY POLICE DEPARTMENT; Officer Zachary O’Lare; Officer Anthony King; Sgt. Eric Brown, Defendants-Appellees, and Prince George’s County, MD; Robbie Loveday; Cpl Darin Bush; Rodney Lewis; Cpl. Tyrone Savage; Officer Beau Jarvis; Officer Antonio Savoy; Sgt. Vondell Smith, Defendants
- **Court:** Court of Appeals for the Fourth Circuit
- **Decided:** February 4, 2014
- **Citations:** 553 F. App'x 339
- **Precedential status:** Unpublished
- **Opinion:** Opinion
- **Judges:** King, Gregory, Davis
- **Cited by:** 0 later opinions in the Frix Law Library

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## Opinion text

UNPUBLISHED

UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 13-1199

SHAWN BROWN,

Plaintiff - Appellant,

v.

UNKNOWN OFFICERS OF THE PRINCE GEORGE’S COUNTY POLICE
DEPARTMENT; OFFICER ZACHARY O’LARE; OFFICER ANTHONY KING;
SGT. ERIC BROWN,

Defendants – Appellees,

and

PRINCE GEORGE’S COUNTY, MD; ROBBIE LOVEDAY; CPL DARIN BUSH;
RODNEY LEWIS; CPL. TYRONE SAVAGE; OFFICER BEAU JARVIS;
OFFICER ANTONIO SAVOY; SGT. VONDELL SMITH,

Defendants.

Appeal from the United States District Court for the District of
Maryland, at Greenbelt. Deborah K. Chasanow, Chief District
Judge. (8:07-cv-02591-DKC)

Submitted: January 30, 2014 Decided: February 4, 2014

Before KING, GREGORY, and DAVIS, Circuit Judges.

Affirmed by unpublished per curiam opinion.
Shawn Brown, Appellant Pro Se. Tonia Yvetta Belton Gofreed,
PRINCE GEORGE’S COUNTY OFFICE OF LAW, Upper Marlboro, Maryland,
for Appellees.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:

Shawn Brown appeals the district court’s order entered

in accordance with the jury’s verdict finding for the Defendants

in Brown’s 42 U.S.C. § 1983 (2006) 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

Nat’l Bank, 713 F.2d 1047, 1050 (4th Cir. 1983). The “verdict

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). Finally, in reviewing a jury verdict, we do not

weigh the evidence or review witness credibility. United States

v. Saunders, 886 F.2d 56, 60 (4th Cir. 1989).

The jury heard testimony from a total of thirteen

witnesses over the course of four days. The jury clearly

believed the testimony of the Defendants’ witnesses. Because we

do not weigh the credibility of witnesses, Brown cannot show

that there was a complete absence of probative facts to support

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the jury’s verdict. Accordingly, we affirm. We dispense with

oral argument because the facts and legal contentions are

adequately presented in the materials before this court and

argument would not aid the decisional process.

AFFIRMED

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/2652177. Public record. Not legal advice.