U.S. Court of Appeals for the Fourth Circuit, 2003

Browning v. Harper

Browning v. Harper
U.S. Court of Appeals for the Fourth Circuit · Decided December 19, 2003 · Niemeyer, Motz, Hamilton
82 F. App'x 852

Browning v. Harper

Opinion

PER CURIAM.

Thomas William Browning appeals the district court judgment and order entering judgment in favor of the defendants. Browning filed a complaint alleging excessive force by two law enforcement officials during an arrest. After a bench trial, the district court dismissed one defendant as a matter of law and the other defendant on the facts. We affirm.

We find the district court did not abuse its discretion denying the motion for production of transcripts at government expense. Insofar as Browning claims his counsel was ineffective, the Sixth Amendment right to effective assistance of counsel does not apply in civil cases. Sanchez v. United States Postal Service, 785 F.2d 1236, 1237 (5th Cir. 1986).

Accordingly, we affirm the district court’s judgment. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

AFFIRMED

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