UNPUBLISHED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Affirmed by unpublished per curiam opinion.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 Hodges
Waldron, Jr., Beaufort, South Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.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
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 eight
witnesses over the course of two days. The jury clearly
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
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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. 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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