Edward Bernard v. Jacob Rideout – Do It For The Caselaw

The United States Court of Appeals for the Fourth Circuit affirmed a district court order granting summary judgment in a civil rights action. The appellate court held that the appellant waived review of several claims by failing to present properly developed arguments.

Background

Edward Bernard filed a seven-count civil action under Section forty-two U.S.C. one thousand nine hundred eighty-three and Maryland state law against Jacob Rideout. The district court denied Bernard’s motion to strike and granted summary judgment to Rideout on all counts. Bernard appealed, challenging the denial of the motion to strike, the conversion of the motion to dismiss, and the grant of summary judgment.

The court’s reasoning

The court concluded that Bernard waived appellate review of counts one, five, six, and seven because his briefing did not present properly developed arguments challenging the district court’s denial of the motion to strike and its grant of summary judgment. Regarding counts three and four, the court discerned no abuse of discretion in the district court’s treatment of the motion and found no reversible error in the grant of summary judgment. The court noted that Bernard abandoned the issue regarding count two by presenting no argument on appeal.

What it means going forward

The decision reinforces that failure to develop arguments in appellate briefing results in waiver of those issues. It confirms that summary judgment grants in civil rights cases will be upheld absent reversible error or abuse of discretion in the district court’s procedural handling.