United States v. Ivan Espinoza

United States Court of Appeals
For the Eighth Circuit
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No. 22-3060
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Grant Long
lllllllllllllllllllllPlaintiff - Appellant
Arsenio Clinton
lllllllllllllllllllllPlaintiff
v.
Darren D. Smith, Sr., Individually and in his official capacity
as a police officer for the City of Forrest City; City of Forrest City
lllllllllllllllllllllDefendants - Appellees
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Appeal from United States District Court
for the Eastern District of Arkansas
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Submitted: November 14, 2023
Filed: November 20, 2023
[Unpublished]
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Before LOKEN, ERICKSON, and GRASZ, Circuit Judges.
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PER CURIAM.

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Grant Long appeals the judgment entered by the district court1 following an
adverse jury verdict in his 42 U.S.C. § 1983 action. We cannot review Long’s
challenges to the sufficiency of the evidence or evidentiary rulings because Long did
not provide a trial transcript and did not request preparation of a transcript at
government expense. See Fed. R. App. P. 10(b); Schmid v. United Bhd. of Carpenters
& Joiners of Am., 827 F.2d 384, 386 (8th Cir. 1987) (holding pro se appellant’s
failure to order trial transcript made it impossible to rule on weight of evidence or
evaluate challenged evidentiary rulings). Further, based on the limited record before
us, we conclude no error is apparent in the jury instructions. See Kaplan v. Mayo
Clinic, 653 F.3d 720, 726 (8th Cir. 2011) (standard of review). Long also challenges
the district court’s pretrial grant of summary judgment on his abuse of process claim.
After careful review, we conclude summary judgment on this claim was proper. See
De Rossitte v. Correct Care Sols., LLC, 22 F.4th 796, 802 (8th Cir. 2022) (reviewing
de novo grant of summary judgment). According, we affirm. See 8th Cir. R. 47B.
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1The Honorable Lee P. Rudofsky, United States District Judge for the Eastern
District of Arkansas.
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