Esteban Alvarez v. Jesus Enriquez

U.S. Court of Appeals for the Seventh Circuit

Esteban Alvarez v. Jesus Enriquez

Opinion

NONPRECEDENTIAL DISPOSITION To be cited only in accordance with Fed. R. App. P. 32.1

United States Court of Appeals For the Seventh Circuit Chicago, Illinois 60604

Submitted May 30, 2012 Decided June 4, 2012

Before

RICHARD D. CUDAHY, Circuit Judge

JOEL M. FLAUM, Circuit Judge

JOHN DANIEL TINDER, Circuit Judge

No. 11‐3636

ESTEBAN ALVAREZ, Appeal from the United States District Plaintiff‐Appellant, Court for the Northern District of Illinois, Eastern Division. v. No. 10cv6547 J. ENRIQUEZ, et al. Defendants‐Appellees. Suzanne B. Conlon Judge.

O R D E R

Esteban Alvarez sued the City of Chicago and two Chicago police officers for false arrest, excessive force, and malicious prosecution. See 42 U.S.C. § 1983. After a trial, where Alvarez was represented by counsel, a jury ruled for the defendants.

Alvarez’s pro se brief on appeal is difficult to understand and may even run afoul of a Federal Rule of Appellate Procedure because it lacks a statement of facts with citations to the record. See FED. R. APP. P. 28(a)(7). But based on a liberal construction of his filings, see Anderson v. Hardman, 241 F.3d 544, 545 (7th Cir. 2001), including his notice of appeal and reply brief, we understand him to attack the jury’s verdict as contrary to the weight of the evidence. Alvarez, however, has not supplied a transcript of the trial proceedings to support his claim, thus leaving us without a basis to evaluate the evidence or meaningfully review his claim; the claim is therefore forfeited. See FED. R. APP. P. 10(b)(2); Morisch v. United States, No. 11‐3636 Page 2

653 F.3d 522, 529 (7th Cir. 2011); RK Co. v. See, 622 F.3d 846, 853 (7th Cir. 2010).

DISMISSED.

Reference

Status
Unpublished