IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 00-10013
Summary Calendar
ROBERT EDWARD BRATTAIN,
Plaintiff-Appellant,
versus
JIM SPURGER, Detective;
PAMELA BENSON, Judge;
CITY OF BALCH SPRINGS TEXAS;
CITY OF HUTCHINS TEXAS,
Defendants-Appellees.
- - - - - - - - - -
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 3:97-CV-1275-X
- - - - - - - - - -
October 16, 2000
Before SMITH, BENAVIDES, and DENNIS, Circuit Judges.
PER CURIAM:*
Robert Edward Brattain, Texas prisoner #603113, appeals the
district court’s dismissal of his 42 U.S.C. § 1983 complaint.
Our review of the record and the arguments and the authorities
convinces us that no reversible error was committed. Defendant
Jim Spurger was entitled to summary judgment as a matter of law
on Brattain’s unlawful-arrest claim. See Taylor v. Gregg, 36
*
Pursuant to 5TH CIR. R. 47.5, the court has determined
that this opinion should not be published and is not precedent
except under the limited circumstances set forth in 5TH CIR.
R. 47.5.4.
No. 00-10013
- 2 -
F.3d 453, 456 (5th Cir. 1994). The district court did not err,
plainly or otherwise, in not holding an evidentiary hearing prior
to granting summary judgment. See Robertson v. Plano City of
Tex., 70 F.3d 21, 23 (5th Cir. 1995). Furthermore, Brattain has
abandoned his contentions that the district court erred in
denying his motion for appointment of counsel and in refusing to
appoint an expert witness by failing to brief these issues
adequately on appeal. See Brinkmann v. Dallas County Deputy
Sheriff Abner, 813 F.2d 744, 748 (5th Cir. 1987). Even were we
to consider his contentions we would find them to be without
merit. Finally, the district court did not commit error, plain
or otherwise, in dismissing Brattain’s claim against the City of
Balch Springs as frivolous. See Douglass v. United Servs. Auto.
Ass’n, 79 F.3d 1415, 1420 (5th Cir. 1996)(en banc).
AFFIRMED.