Donald Colyer v. David Ryles, 827 F.2d 315 (8th Cir. 1987). · Go Syfert
Donald Colyer v. David Ryles, 827 F.2d 315 (8th Cir. 1987). Cases Citing This Book View Copy Cite
12 citation events (7 in the last 25 years) across 8 distinct courts.
Strongest positive: Paul M. Gordon v. Leca Ledbetter (ca8, 2016-04-26)
Top citers, strongest first. 10 distinct citers. How cited ↗
discussed Cited as authority (rule) Paul M. Gordon v. Leca Ledbetter
8th Cir. · 2016 · confidence medium
Upon careful de novo review, see Jones v. Frost, 770 F.3d 1183, 1185 (8th Cir.2014), cert. denied, — U.S.-, 135 S.Ct. 2315 , 191 L.Ed.2d 979 (2015), we conclude that summary judgment was proper because, as explained by the district court, the record contains no explanation as to how the alleged alterations affected the outcome of any of the proceedings at issue, see Tedford v. Hepting, 990 F.2d 745, 747 (3d Cir.1993); Colyer v. Ryles, 827 F.2d 315, 316 (8th Cir.1987) (per curiam).
discussed Cited as authority (rule) Anderson v. COUNTY OF HAMILTON
S.D. Ohio · 2011 · confidence medium
See Hampton v. Segura, 276 Fed.Appx. 413, 415 (5th Cir.2008) (no constitutional violation in absence of material alterations in transcript; negligent transcription by itself insufficient to support § 1983 claim); Tedford v. Hepting, 990 F.2d 745, 747 (3d Cir.1993) (no constitutional right to a totally accurate trial transcript; constitutional rights violated only if “inaccuracies in the transcript adversely affected the outcome” of the proceeding); Colyer v. Ryles, 827 F.2d 315, 316 (8th Cir.1987) (civil complaint for damages frivolous where plaintiff not prejudiced by allegedly altered t…
discussed Cited as authority (rule) Donald Gene Henthorn v. Howard B. Turrentine William Baldwin Maria Arroyo Michael J. McCabe
9th Cir. · 1993 · confidence medium
Thus, because the alleged alterations did not deprive him of a full and fair appellate review, we find that Henthorn has failed to state a Bivens claim. 3 Accord, Tedford, 990 F.2d at 747 (unless the alteration "deprived plaintiff of a fair and adequate appellate review of his conviction, he cannot prevail on his damages claim"); Coyler v. Ryles, 827 F.2d 315, 316 (8th Cir.1987) (civil complaint for damages was frivolous where plaintiff was not prejudiced by allegedly altered transcript). 4 8 AFFIRMED. * The panel unanimously finds this case suitable for decision without oral argument.
discussed Cited "see" Edner v. Redwood County District Attorney's Office
D. Minnesota · 2025 · signal: see · confidence high
See Colyer v. Ryles, 827 F.2d 315, 316 (8th Cir. 1987) (per curiam) (concluding that plaintiff failed to state claim for relief against the court reporter because the transcript at issue did not give rise to plaintiff’s constitutional violations); see also Gordon v. Ledbetter, 642 F. App’x 637, 637 (8th Cir. 2016) (mem) (affirming summary judgment because “the record contains no explanation as to how the alleged [transcript] alterations affected the outcome of any of the proceedings at issue).
discussed Cited "see, e.g." Loubser, Annare v. Thacker, Robert W.
7th Cir. · 2006 · signal: see also · confidence medium
See also Colyer v. Ryles, 827 F.2d 315, 316 (8th Cir. 1987) (explaining that a civil complaint for damages was frivolous where the plaintiff was not prejudiced by an allegedly altered transcript).
discussed Cited "see, e.g." Annare L. Loubser v. Robert W. Thacker (2×)
7th Cir. · 2006 · signal: see also · confidence medium
See also Colyer v. Ryles, 827 F.2d 315, 316 (8th Cir.1987) (explaining that a civil complaint for damages was frivolous where the plaintiff was not prejudiced by an allegedly altered transcript).
discussed Cited "see, e.g." Marvin Brown v. New Mexico District Court Clerks Vicki Akenhead, Managing Reporter Annette G. Aragon and Viola W. Lewis, Official Court Reporters
10th Cir. · 1998 · signal: see also · confidence medium
"His constitutional rights would be violated only if inaccuracies in the transcript adversely affected the outcome of the criminal proceeding." Id.; see also Colyer v. Ryles, 827 F.2d 315, 316 (8th Cir.1987) (civil complaint for damages was frivolous where plaintiff was not prejudiced by allegedly altered transcript). 1 Plaintiff has not alleged facts indicating how the alleged inaccuracies in his transcript prejudiced him.
discussed Cited "see, e.g." Brown v. New Mexico District
10th Cir. · 1998 · signal: see also · confidence medium
“His constitutional rights would be violated only if inaccuracies in the transcript adversely affected the outcome of the criminal proceeding.” Id.; see also Colyer v. Ryles, 827 F.2d 315, 316 (8th Cir. 1987) (civil complaint for damages was frivolous where plaintiff was not prejudiced by allegedly altered -5- transcript). 1 Plaintiff has not alleged facts indicating how the alleged inaccuracies in his transcript prejudiced him.
discussed Cited "see, e.g." Forte v. Sullivan
1st Cir. · 1992 · signal: see, e.g. · confidence low
See, e.g., Colyer v. Ryles, 827 F.2d 315 (8th Cir. __________ ______ _____ 1987) (finding that complaint against court reporter was frivolous where injuries alleged were adverse judicial decisions made in reliance on purportedly altered transcript, and complaint revealed that transcript did not even exist at time of adverse decisions, so that alterations could not have caused injury).
discussed Cited "see, e.g." Michael B. Forte v. Janis Sullivan
1st Cir. · 1992 · signal: see, e.g. · confidence low
See, e.g., Colyer v. Ryles, 827 F.2d 315 (8th Cir. 1987) (finding that complaint against court reporter was frivolous where injuries alleged were adverse judicial decisions made in reliance on purportedly altered transcript, and complaint revealed that transcript did not even exist at time of adverse decisions, so that alterations could not have caused injury).
Retrieving the full opinion text from the archive…
Donald COLYER, Appellant,
v.
David RYLES, Appellee
87-1039.
Court of Appeals for the Eighth Circuit.
Aug 24, 1987.
827 F.2d 315
1987 U.S. App. LEXIS 11207
McMillian, Gibson, Wollman.
Cited by 12 opinions  |  Published
PER CURIAM.

Donald Colyer appeals from a final judgment entered in the District Court [1] for the[*316] Western District of Arkansas dismissing his civil rights complaint as frivolous pursuant to 28 U.S.C. § 1915(d). For the reasons discussed below, we affirm the judgment of the district court.

Colyer, an inmate in the Arkansas Department of Correction, brought this action pro se and in forma pauperis under 42 U.S.C. § 1983 [2] against David Ryles, the federal court reporter in a previous civil rights suit in which Colyer was the plaintiff. In the earlier case, Colyer had alleged, among other things, that two police officers wrongfully arrested him, searched and impounded his car, and damaged his car and its contents. An evidentiary hearing was held on July 10, 1984, before a magistrate. [3] The police officers, Colyer and other witnesses testified at the hearing. Ryles recorded the proceedings. On October 24, 1984, the magistrate recommended that judgment be entered in favor of the officers and the district court subsequently adopted the magistrate’s recommendation. On January 28, 1985, the district court denied Colyer’s motions to proceed on appeal in forma pauperis, to obtain trial records and a transcript at government expense, and for appointment of counsel. This court also denied Colyer leave to proceed in forma pauperis and, on March 8, 1985, summarily affirmed the judgment of the district court.

In April 1985, Colyer arranged to have a transcript of the July 10, 1984, evidentiary hearing prepared at his expense. Colyer commenced the present action after receiving the transcript, alleging that he had been denied due process and access to the courts because the transcript was inaccurate and incomplete. Colyer claimed the transcript omitted parts of the hearing that did not support the judgment against him. Colyer alleged that he had been harmed by these omissions because the district court’s decisions granting judgment against him and denying him leave to proceed informa pauperis were based on the altered transcript. He further alleged that he had been denied meaningful access to the courts because he was forced to appeal on a silent and incomplete record.

The present case came before the same magistrate whose recommendation had been adopted in the earlier civil rights action. The magistrate concluded that, even assuming Ryles did provide an altered transcript, on the facts presented, Colyer’s rights were not violated. The magistrate recommended that the complaint be dismissed as frivolous pursuant to 28 U.S.C. § 1915(d), and the district court adopted the recommendation. The district court also denied Colyer’s motion for reconsideration. This appeal followed.

A careful review of the record indicates that Colyer’s allegations are fundamentally flawed because the transcript did not exist at the time of the alleged constitutional violations. Thus, even if we assume that Ryles provided Colyer with an altered transcript, none of the claimed injuries could have resulted from this action. The transcript was not the basis of the adverse district court decision in Colyer’s earlier case, of the denials of leave to proceed in forma pauperis, nor of this court’s affirmance of the judgment. We hold therefore that the district court properly dismissed Colyer’s claims as frivolous.

Accordingly, the judgment of the district court is affirmed.

1

. The Honorable Morris S. Arnold, United States District Judge for the Western District of Arkansas.

2

. The district court characterized the complaint as a Bivens-type action because the defendant was alleged to be a federal, not a state, actor. See Bivens v. Six Unknown Named Agents, 403 U.S. 388, 91 S.Ct. 1999, 29 L.Ed.2d 619 (1971).

3

. The Honorable Ned A. Stewart, Jr., United States Magistrate for the Western District of Arkansas.