Jeanna Greer v. Harris County, Texas , 537 F. App'x 546 ( 2013 )


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  •      Case: 12-20030       Document: 00512329265         Page: 1     Date Filed: 08/02/2013
    IN THE UNITED STATES COURT OF APPEALS
    FOR THE FIFTH CIRCUIT  United States Court of Appeals
    Fifth Circuit
    FILED
    August 2, 2013
    No. 12-20030
    Summary Calendar                        Lyle W. Cayce
    Clerk
    JEANNA MARIE GREER,
    Plaintiff-Appellant
    v.
    HARRIS COUNTY, TEXAS, In its capacity as a Political Subdivision and/or
    Governmental Unit of the State of Texas; CHARLES A. BALLARD, Individually,
    and in his official capacity as a Harris County Sheriff’s Department Civilian
    Detention Officer; JACOREY B. DOZIER, Individually, and in his official
    capacity as a Harris County Sheriff’s Department Civilian Detention Officer,
    Defendants-Appellees
    Appeal from the United States District Court
    for the Southern District of Texas
    USDC No. 4:10-CV-817
    Before WIENER, OWEN, and HAYNES, Circuit Judges.
    PER CURIAM:*
    Jeanna Marie Greer appeals the district court’s judgment, following a
    bench trial, that she take nothing from the defendants in her civil rights suit
    under 
    42 U.S.C. § 1983
    . Greer first contends that the district court clearly erred
    *
    Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not
    be published and is not precedent except under the limited circumstances set forth in 5TH CIR.
    R. 47.5.4.
    Case: 12-20030       Document: 00512329265    Page: 2   Date Filed: 08/02/2013
    No. 12-20030
    in finding that she impeded detention officers while they were aiding a sick
    inmate and that the force used to control her was not excessive.
    We review the district court’s conclusions of law de novo and findings of
    fact, including its rulings on excessive use of force, for clear error. See Baldwin
    v. Stalder, 
    137 F.3d 836
    , 839 (5th Cir. 1998). “A factual finding is not clearly
    erroneous as long as it is plausible in the light of the record read as a whole.”
    Villafranca v. United States, 
    587 F.3d 257
    , 260 (5th Cir. 2009) (internal
    quotation marks and citation omitted). The factual findings challenged by Greer
    were supported by the testimony of detention officers Stephen Hernandez,
    Charles Ballard, and Jacorey Dozier, which the district court credited over the
    evidence presented by Greer. In light of the record as a whole, the challenged
    findings were plausible and, thus, not clearly erroneous.
    Greer also challenges the district court’s findings that Harris County
    adequately investigated the complaints against Ballard and Dozier for excessive
    force and that Ballard and Dozier were not inadequately trained or supervised.
    There is no authority for an award of damages against a governmental unit
    based on the actions of particular officers when the factfinder has found that
    those officers inflicted no constitutional harm. City of Los Angeles v. Heller, 
    475 U.S. 796
    , 799 (1986).      Greer has not shown that the district court erred
    concerning this issue.
    Finally, Greer asserts that the district court erred regarding its
    management of discovery and the denial of a jury trial. The record of the final
    pretrial conference reflects that Greer’s only remaining discovery requests were
    resolved without objection by her. While the record reflects that Greer initially
    demanded a jury trial, she did not object to the district court’s subsequent
    scheduling of the case as a bench trial. The record reflects a “conference
    memorandum” filed by the district court one month before trial clearly setting
    this case as a bench trial. Greer was aware that the case was scheduled as a
    bench trial because she mentioned that the case would be a bench trial in three
    2
    Case: 12-20030     Document: 00512329265       Page: 3   Date Filed: 08/02/2013
    No. 12-20030
    separate pre-trial pleadings without taking any exception to the failure to
    schedule the case as a jury trial. When the case was called for a bench trial, she
    again made no objection and participated with counsel in the trial. Under our
    precedents, then, Greer’s arguments are unavailing.              See Casperone v.
    Landmark Oil & Gas Corp., 
    819 F.2d 112
    , 116 (5th Cir. 1987); Jerry Parks
    Equip. Co. v. Se. Equip. Co., 
    817 F.2d 340
    , 342 (5th Cir. 1987). Her counsel’s
    suggestion that the district court harbors personal animosity towards him does
    not provide an excuse for failure to object to the scheduling of a bench trial
    rather than a jury trial or to discovery rulings. This argument, raised for the
    first time in a reply brief, is also untimely. See Valle v. City of Houston, 
    613 F.3d 536
    , 544 n.5 (5th Cir. 2010).
    The judgment of the district court is AFFIRMED.
    3
    

Document Info

Docket Number: 12-20030

Citation Numbers: 537 F. App'x 546

Judges: Wiener, Owen, Haynes

Filed Date: 8/2/2013

Precedential Status: Non-Precedential

Modified Date: 10/19/2024