United States v. Rose Meckley, 888 F.2d 1387 (4th Cir. 1989). · Go Syfert
United States v. Rose Meckley, 888 F.2d 1387 (4th Cir. 1989). Cases Citing This Book View Copy Cite
50 citation events (14 in the last 25 years) across 9 distinct courts.
Strongest positive: Bates v. United States Environmental Protection Agency (vawd, 2025-09-25)
Treatment trajectory · 1989 → 2026 · click a year to view as-of
1989 2007 2026
Top citers, strongest first. 8 distinct citers. How cited ↗
discussed Cited as authority (rule) Bates v. United States Environmental Protection Agency
W.D. Va. · 2025 · signal: cf. · confidence medium
Cf. also Tribble v. Reedy, 888 F.2d 1387, at *1 (4th Cir. 1989) (discussing federal criminal statutes and stating that absent “a clear [legislative] intent to provide a civil remedy, a plaintiff cannot recover civil damages for an alleged violation of a criminal statute”); Brown v. Clements, No. 3:15CV104, 2015 WL 5677296 , at *9 (E.D.
discussed Cited as authority (rule) McMillan v. Templin
D. Maryland · 2023 · confidence medium
Therefore, “[unless there is a clear Congressional intent to provide a civil remedy, a plaintiff cannot recover civil damages for an alleged violation of a criminal statute.” Tribble v. Reedy, 888 F.2d 1387, at *1 (Table) (4th Cir. Oct. 20, 1989).
cited Cited "see" Bro Stephen Michael El-Bey v. Baltimore City et al.
D. Maryland · 2026 · signal: see · confidence high
See Tribble v. Reedy, 888 F.2d 1387 (4th Cir. 1989) (noting that Congress did not create a civil remedy for violations of § 1341); Zurich Am.
discussed Cited "see" Alexander Sims v. Sheriff Michael S. Mondul
W.D. Va. · 2026 · signal: see · confidence high
See Tribble v. Reedy, 888 F.2d 1387, 1989 WL 126783, at *1 (4th Cir. 1989) (per curiam) (“Unless there is a clear Congressional intent to provide a civil remedy, a plaintiff cannot recover civil damages for an alleged violation of a criminal statute.”).
discussed Cited "see" Jett v. The Country Acres Association of Columbus County LTD
E.D.N.C. · 2024 · signal: see · confidence high
See Tribble v. Reedy, 888 F.2d 1387 , 1989 WL 126783 (4th Cir. 1989) (per curiam) (“Unless there is a clear Congressional intent to provide a civil remedy, a plaintiff 10 cannot recover civil damages for an alleged violation of a criminal statute.”); Dingle v. Baggett, No. 5:19-CV-00425-D, 2020 WL 5245986 , at *5 (E.D.N.C.
discussed Cited "see" WILLIAMS v. STATE OF NORTH CAROLINA
M.D.N.C. · 2023 · signal: see · confidence high
See Tribble v. Reedy, No. 89-6781, 888 F.2d 1387 (table), 1989 WL 126783 , at *1 (4th Cir. Oct. 20, 1989) (affirming dismissal of civil action because, “[u]Jnless there is a clear Congressional intent to provide a civil remedy, a plaintiff cannot recover civil damages for an alleged violation of a criminal statute”).
cited Cited "see" Johnson v. Bank of America Corporation
D.S.C. · 2023 · signal: see · confidence high
See Tribble v. Reedy, 888 F.2d 1387 , *1 (4th Cir.1989) (holding that § 1343 is a “bare criminal statute” and provides no basis for a private right of action); Hilgeford v. National Union Fire Ins.
discussed Cited "see" Commercial Builders, Inc. of West Virginia v. McKinney Romeo Properties, LLC
N.D.W. Va. · 2020 · signal: see · confidence high
See Tribble v. Reedy, 888 F.2d 1387 (4th Cir. 1989) (unpublished table decision) (finding no private cause of action under 18 U.S.C. § 1343 because it is a “bare criminal statute which gives no express indication of Congressional intent to create a civil remedy.
Retrieving the full opinion text from the archive…
United States
v.
Rose Meckley
89-5033.
Court of Appeals for the Fourth Circuit.
Oct 16, 1989.
888 F.2d 1387
Unpublished

888 F.2d 1387

Unpublished Disposition
NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Fourth Circuit.
UNITED STATES of America, Plaintiff-Appellee,
v.
Rose MECKLEY, Defendant-Appellant.

No. 89-5033.

United States Court of Appeals, Fourth Circuit.

Submitted June 30, 1989.
Decided Oct. 16, 1989.

Ira Raymond Kirkendoll (Federal Public Defender's Office), for appellant.

Michael W. Carey, United States Attorney, Charles T. Miller, Office of the United States Attorney, for appellee.

Before DONALD RUSSELL and WILKINSON, Circuit Judges, and BUTZNER, Senior Circuit Judge.

PER CURIAM:

1

Rose Meckley appeals her conviction of assaulting a federal correctional officer.[1] See 18 U.S.C. Sec. 111. Through counsel, she contends that the district court erred in refusing her proposed instructions on self-defense,[2] and in a letter to this Court, she contends that the trial judge improperly instructed the jury on the elements of the offense she was charged with. We address these claims in turn.

2

Normally, a criminal defendant is entitled to an instruction on the substance of his defense if it is supported by the evidence. See United States v. Parker, 742 F.2d 127 (4th Cir.), cert. denied, 469 U.S. 1076 (1984); United States v. Mitchell, 495 F.2d 285 (4th Cir.1974). See also United States v. Goodface, 835 F.2d 1233 (8th Cir.1987) (self-defense instruction requested). In this inquiry, we view the evidence at trial in a light most favorable to the defendant. See United States v. Williams, 604 F.2d 277, 280 (4th Cir.), cert. denied, 444 U.S. 967 (1979).

3

Meckley argues that she was entitled to the proposed instructions because the force used[3] was necessary to protect her from a perceived "threat of future violence." Thus, Meckley contends that Officer Angell's threat to strip-search her forcibly constituted sufficient justification for her assault on Angell. In support, she points to evidence of prior experiences where she was forcibly searched or punished for refusing to consent to a search. On the other hand, the government argues that Meckley was not entitled to a self-defense instruction because there was no threat of imminent force. That is, the government correctly notes that Meckley actually consented to the search and struck Angell after the search. Thus, the government contends that the threat of a forcible search dissipated as soon as Meckley consented to the search, and her assault on Angell was unprovoked.

4

We agree with the argument advanced by the government. It is clear that a defendant must face an imminent threat of force to justify the use of self-defense. United States v. Deon, 656 F.2d 354, 356 (8th Cir.1981). Notably, the proposed instructions offered by Meckley recognize this requirement. Here, the evidence shows that there was no threat of violence once Meckley consented to the search. Thus, her act was merely one of revenge, which does not constitute a legitimate form of self-defense. Deon, 656 F.2d at 356. Therefore, the proposed instructions were properly refused because the evidence did not support the instructions. United States v. Parker, supra; United States v. Mitchell, supra.

5

Meckley also notes that the trial judge instructed the jury regarding the elements of the offense in the disjunctive but that the indictment charged the elements of the offense in the conjunctive. She claims that the trial judge's instruction was an improper amendment of the charging document. We disagree. Initially, we note that the district court's instruction properly tracked the disjunctive language of the statute. See 18 U.S.C. Sec. 111. Thus, the defect in this case was a typographical error in the indictment, not the instructions. In this regard, Meckley failed to object to this issue prior to, or at, trial. Therefore, she has waived any objection to this technical defect. See United States v. Terebecki, 692 F.2d 1345, 1347 n. 1 (5th Cir.1982); Fed.R.Crim.P. 12(b)(2) and 12(f). See also United States v. Price, 763 F.2d 640, 643 n. 5 (4th Cir.1985); United States v. Paolicelli, 505 F.2d 971, 973 n. 2 (4th Cir.1974).

6

Moreover, we note that conjunctive pleading of several different ways of committing an offense is permissible if the proof adduced will sustain conviction on any one of the allegations. See Turner v. United States, 396 U.S. 398, 419-20 (1970); United States v. McGinnis, 783 F.2d 755 (8th Cir.1986). In this regard, the evidence amply supported Meckley's conviction of forcibly assaulting Officer Angell. This is sufficient under 18 U.S.C Sec. 111. Thus, even if Meckley had objected to the indictment she would not have been entitled to relief.

7

Accordingly, we affirm Meckley's conviction. We dispense with oral argument because the facts and legal contentions are adequately presented on this record and oral argument would not aid the decisional process.

8

AFFIRMED.

1

Meckley was serving a state sentence at the Federal Correctional Institution at Alderson, West Virginia during this alleged episode

2

Meckley proffered three different standard jury instructions on self-defense

3

Meckley hit officer Angell in the face with her fist