Lisa Murphy v. Smith

United States Court of Appeals
For the Eighth Circuit
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No. 14-3297
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Lisa Murphy

lllllllllllllllllllll Plaintiff - Appellant

v.

G Robinson, Sheriff, Dub Brassell Detention Center, ADC; Bowlin, Chief, Dub
Brassell Detention Center, ADC; Tyler, Major, Dub Brassell Detention Center,
ADC; Adem, Captain, Dub Brassell Detention Center, ADC

lllllllllllllllllllll Defendants

Smith, Correctional Officer, Dub Brassell Detention Center, ADC

lllllllllllllllllllll Defendant - Appellee

White, Correctional Officer, Dub Brassell Detention Center, ADC

lllllllllllllllllllll Defendant
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Appeal from United States District Court
for the Eastern District of Arkansas - Pine Bluff
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Submitted: March 20, 2015
Filed: March 30, 2015
[Unpublished]
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Before WOLLMAN, MURPHY, and GRUENDER, Circuit Judges.
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PER CURIAM.

In this 42 U.S.C. § 1983 action, Arkansas inmate Lisa Murphy appeals the
district court’s1 judgment entered upon a jury verdict in favor of the defendant
correctional officer on Murphy’s excessive-force claim. Having carefully considered
the arguments that Murphy raises in this appeal, we conclude that she has not
provided any basis for reversal. See Sanders v. Hobbs, 773 F.3d 186, 190 (8th Cir.
2014) (court of appeals does not assess credibility of witnesses or weigh evidence).2
Accordingly, we affirm, see 8th Cir. R. 47B, and we deny Murphy’s motion for
appointment of counsel.
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1
The Honorable Joe J. Volpe, United States Magistrate Judge for the Eastern
District of Arkansas, to whom the case was referred for final disposition by consent
of the parties pursuant to 28 U.S.C. § 636(c).
2
Further, Murphy’s failure to provide a trial transcript prevents meaningful
review of issues regarding witness testimony. See Fed. R. App. P. 10(b) (appellant's
duty to order transcript); Kelly v. Omaha Housing Authority, 721 F.3d 560, 562 (8th
Cir. 2013) (appellant must furnish reviewing court with all parts of proceedings
below necessary for determination of validity of any claimed error), cert. denied, 134
S. Ct. 1010 (2014).

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