Harold Backey v. South Carolina Dep't of Corr., 73 F.3d 356 (4th Cir. 1996). · Go Syfert
Harold Backey v. South Carolina Dep't of Corr., 73 F.3d 356 (4th Cir. 1996). Cases Citing This Book View Copy Cite
32 citation events (4 in the last 25 years) across 3 distinct courts.
Strongest positive: Bernard v. Rideout (mdd, 2024-06-04)
Treatment trajectory · 1995 → 2026 · click a year to view as-of
1995 2010 2026
Top citers, strongest first. 2 distinct citers. How cited ↗
discussed Cited "see" Bernard v. Rideout
D. Maryland · 2024 · signal: see · confidence high
See Asuncion, 73 F.3d 356 (“Because Asuncion cannot prove an essential element of malicious prosecution under Maryland law, he cannot establish his claim under § 1983.”); Brown- Rice, 2009 WL 1690516 , at *1 (“[Plaintiff’s] conviction establishes probable cause and bars her claims for malicious prosecution, false arrest, false imprisonment, and any other claim including lack of probable cause as an element.”).
discussed Cited "see, e.g." International Waste Industries Corp. v. Cape Environmental Management, Inc.
D. Maryland · 2013 · signal: see, e.g. · confidence low
See, e.g., Coating Eng’r Ltd. v. Electric Motor Repair Co., 73 F.3d 356 (Table), 1995 WL 764233, at *2-3 (4th Cir. Dec. 28, 1995) (unpublished) (finding no binding contract existed where the parties failed to agree on several material terms, including warranty provisions).
Retrieving the full opinion text from the archive…
Harold Backey
v.
South Carolina Department of Corrections
94-7495.
Court of Appeals for the Fourth Circuit.
Jan 3, 1996.
73 F.3d 356
Published

73 F.3d 356
NOTICE: Fourth Circuit Local Rule 36(c) states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Fourth Circuit.

Harold BACKEY, Plaintiff-Appellant,
v.
SOUTH CAROLINA DEPARTMENT OF CORRECTIONS, Defendant-Appellee.

No. 94-7495.

United States Court of Appeals, Fourth Circuit.

Submitted Dec. 14, 1995.
Decided Jan. 3, 1996.

Harold Backey, Appellant Pro Se. Vinton DeVane Lide, LIDE, MONTGOMERY, POTTS & MEDLOCK, P.C., Columbia, South Carolina, for Appellee.

Before ERVIN, Chief Judge, and WIDENER and WILKINS, Circuit Judges.

OPINION

PER CURIAM:

1

Harold Backey appeals from a judgment order entered by the magistrate judge[*] pursuant to a jury verdict entered in favor of the Defendant in an action seeking relief under 42 U.S.C. Sec. 1983 (1988). We note that the record does not contain a transcript of the trial, but find that the appeal presents no "substantial question" justifying provision of a free transcript at government expense. See 28 U.S.C. Sec. 753(f) (1988). Appellants generally bear the burden of demonstrating nonfrivolity and substantiality. See Maloney v. E.I. Du Pont de Nemours & Co., 396 F.2d 939, 940 (D.C.Cir.1967), cert. denied, 396 U.S. 1030 (1970).

2

In this case, Backey's allegations of wrongful placement in administrative segregation do not involve the kind of significant or atypical hardship necessary to invoke the due process rights he avers were violated in this case; namely, his right to notice of the reasons for such placement. See Sandin v. Conner, --- U.S. ----, 63 U.S.L.W. 4601 (U.S. June 19, 1995) (No. 93-1911). Moreover, Backey's contentions relating to the alleged conversion of his personal property by the Defendant most likely necessitated a credibility determination by the jury, and such determinations are not subject to review by this Court. See United States v. Saunders, 886 F.2d 56, 60 (4th Cir.1989).

3

We therefore affirm the magistrate judge's order entering judgment for the Defendant and deny Backey's motion for appointment of counsel. We dispense with oral argument because the facts and legal

4

contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

5

AFFIRMED.

*

The parties consented to trial by a magistrate judge pursuant to 28 U.S.C.A. Sec. 636(c) (West 1993)