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  • Robert Allen Bane v. Sergeant Sprouse Major Day, 81 F.3d 148, 4th Cir. (1996)

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    Robert Allen Bane filed a 42 U.S.C. § 1983 complaint against Sergeant Sprouse and Major Day alleging a constitutional deprivation, which the district court dismissed under Rule 12(b)(6) for failure to state a claim. On appeal, the Fourth Circuit affirmed the district court's dismissal, finding no reversible error and that Bane failed to demonstrate a constitutional deprivation. The Fourth Circuit dispensed with oral argument, finding the facts and legal issues were adequately presented in the court materials.

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    Filed: 1996-04-02 Precedential Status: Non-Precedential Citations: 81 F.3d 148 Docket: 95-7367

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    Robert Allen Bane filed a 42 U.S.C. § 1983 complaint against Sergeant Sprouse and Major Day alleging a constitutional deprivation, which the district court dismissed under Rule 12(b)(6) for failure to state a claim. On appeal, the Fourth Circuit affirmed the district court's dismissal, finding no reversible error and that Bane failed to demonstrate a constitutional deprivation. The Fourth Circuit dispensed with oral argument, finding the facts and legal issues were adequately presented in the court materials.

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    Robert Allen Bane v. Sergeant Sprouse Major Day, 81 F.3d 148, 4th Cir. (1996)

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    Robert Allen Bane filed a 42 U.S.C. § 1983 complaint against Sergeant Sprouse and Major Day alleging a constitutional deprivation, which the district court dismissed under Rule 12(b)(6) for failure to state a claim. On appeal, the Fourth Circuit affirmed the district court's dismissal, finding no reversible error and that Bane failed to demonstrate a constitutional deprivation. The Fourth Circuit dispensed with oral argument, finding the facts and legal issues were adequately presented in the court materials.

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    of 1

    81 F.

    3d 148

    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    of unpublished dispositions is disfavored except for establishing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    service of copies of cited unpublished dispositions of the Fourth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.
    Robert Allen BANE, Plaintiff-Appellant,
    v.
    Sergeant SPROUSE; Major Day, Defendants-Appellees.
    No. 95-7367.

    United States Court of Appeals, Fourth Circuit.


    Submitted: Dec. 19, 1995.
    Decided: April 2, 1996.

    Robert Allen Bane, Appellant Pro Se. Pamela Anne Sargent, Assistant
    Attorney General, Richmond, Virginia, for Appellees.
    Before NIEMEYER and WILLIAMS, Circuit Judges, and BUTZNER,
    Senior Circuit Judge.
    PER CURIAM:

    Appellant appeals from the district court's order denying relief on his 42 U.S.C.
    1983 (1988) complaint. We have reviewed the record and the district court's
    opinion and find no reversible error; Appellant has failed to demonstrate a
    constitutional deprivation. Accordingly, we affirm the district court's dismissal
    under Fed.R.Civ.P. 12(b)(6). 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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