Weaver v. Evans

Summary

Octzavius Weaver appealed a jury verdict finding that prison officials Roderick Evans and Luretta Adams did not use excessive force against him. The Fifth Circuit held that it lacked jurisdiction to review the district court's summary-judgment ruling as to other defendants because Weaver's notice and brief did not clearly appeal that ruling. The court declined to review the sufficiency of the jury verdict because Weaver failed to provide the trial transcript and affirmed the district court's judgment.

Holdings

1. The court lacked jurisdiction to address any appeal from the district court's grant of summary judgment because Weaver's notice of appeal and brief did not clearly identify or address the three defendants whose claims were dismissed by summary judgment.
2. The court declined to review the jury's verdict because Weaver failed to provide the trial transcript required for appellate review.

Questions Presented

1. Whether the Fifth Circuit had jurisdiction to review summary judgment entered for defendants whose claims and dismissal were not identified in Weaver's notice of appeal or appellate brief.
2. Whether the court could review the sufficiency of the jury verdict when Weaver failed to provide the trial transcript required by the Federal Rules of Appellate Procedure.

Disposition

affirmed