United States Court of Appeals

FOR THE EIGHTH CIRCUIT

___________

No. 03-1811

___________

Herman W. Hampton, III, *

*

Appellant, *

* Appeal from the United States

v. * District Court for the Eastern

* District of Arkansas.

City of Jonesboro, Arkansas; *

Floyd Johnson, Chief of Police, * [UNPUBLISHED]

Jonesboro Police Department; Bruce *

Page, Detective with Jonesboro *

Police Department; Rick Elliott, *

Detective with Jonesboro Police *

Department; *

*

Appellees. *

___________

Submitted: November 7, 2003

Filed: January 27, 2004

___________

Before BYE, BOWMAN, and MELLOY, Circuit Judges.

___________

PER CURIAM.

Arkansas inmate Herman Hampton brought this 42 U.S.C. § 1983 action

against the City of Jonesboro, Arkansas (Jonesboro), Jonesboro police chief Floyd

Johnson, and Jonesboro detectives Bruce Page and Rick Elliott, alleging that Page

and Elliott violated his Fourth Amendment rights by arresting him for murder based
1

The Honorable Stephen M. Reasoner, United States District Judge for the

Eastern District of Arkansas. 

-2-

upon false information and information from bribed witnesses, that Johnson failed to

properly train and supervise the officers, and that Jonesboro maintained an

unconstitutional custom or practice of bribing and eliciting false testimony from

witnesses. The district court1

 granted defendants summary judgment, ruling that

Hampton had failed to present any admissible evidence supporting his claims.

Hampton appeals, arguing that the court erred in allowing his court-appointed

counsel to withdraw, and in granting defendants summary judgment; and that his

counsel failed to provide him with any representation. 

The district court properly granted summary judgment. See Moody v. St.

Charles County, 23 F.3d 1410, 1411 (8th Cir. 1994) (de novo review). Hampton did

not establish that the alleged unconstitutional conduct was part of an official policy

or custom of the Jonesboro police. See Monell v. Dep’t of Social Servs., 436 U.S.

658, 690-91 & n.55 (1978) (local governments and local government officials sued

in their individual capacities are liable under § 1983 if “the action alleged to be

unconstitutional implements or executes a policy statement, ordinance, regulation, or

decision officially adopted and promulgated by that body’s officers” or if the

unconstitutional act is governmental “custom”). Nor did Hampton submit any

admissible evidence to contradict defendants’ evidence that the police officers were

properly trained, or that the officers did not bribe any witnesses. See Fed. R. Civ. P.

56(e) (affidavits shall be made on personal knowledge and set forth facts admissible

in evidence; party adverse to summary judgment may not rest upon mere allegations

or denials of other party’s pleadings; adverse party’s response must set forth facts, by

affidavits, showing genuine issue for trial). Hampton also failed to present any

evidence suggesting that the officers had reason to know that the information

implicating Hampton in the murder was false, or that they failed to properly

investigate the information. See Moody, 23 F.3d at 1411-12 (information in affidavit
-3-

to establish probable cause must be believed or appropriately accepted by affiant as

true; lying in affidavit may serve as basis for § 1983 action; summary judgment

appropriate where plaintiff could not substantiate his allegations with sufficient

probative evidence that would permit finding in his favor). 

Because Hampton did not object after the court allowed his counsel to

withdraw--indeed, he decided to proceed pro se--we need not address Hampton’s

argument that the district court erred in doing so. See Briley v. Carlin, 172 F.3d 567,

571 (8th Cir. 1999) (arguments raised for first time on appeal need not be addressed).

Hampton’s argument that his counsel was ineffective is meritless. See Glick v.

Henderson, 855 F.2d 536, 541 (8th Cir. 1988) (no constitutional or statutory right to

effective assistance of counsel in civil case).

Accordingly, we affirm. 

______________________________