Sheward v. City of Henryetta

Summary

The Tenth Circuit affirmed summary judgment against the plaintiff, holding that he waived appellate review by failing to adequately brief any issue under Fed. R. App. P. 28(a)(8)(A). The court declined to consider his First Amendment retaliation (42 U.S.C. § 1983), conspiracy (42 U.S.C. § 1985), and malicious prosecution/abuse of process claims because his opening brief lacked reasoned legal argument, citations to authority, and improperly incorporated by reference district court filings. Key concepts: waiver of appellate arguments, inadequate briefing, incorporation by reference barred, and the requirement to develop arguments with supporting authority.

Holdings

1. Sheward waived his right to appellate review by failing to develop and advance a reasoned argument to support any of his three assignments of error, as required by Federal Rule of Appellate Procedure 28(a)(8)(A).

Questions Presented

1. Whether the district court erred in granting summary judgment on Sheward's First Amendment retaliation claim under §1983
2. Whether the district court erred in granting summary judgment on Sheward's conspiracy claim under §1985
3. Whether the district court erred in granting summary judgment on Sheward's malicious prosecution/abuse of process claim under §1983

Disposition

affirmed