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Bernard Wise v. Norman Carlson
902 F.2d 417
5th Cir.
1990
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PER CURIAM:

To prevail on this appeal, federal prisoner Bernard Wise must show, among other things, that his alleged mishandling by guards resulted in a significant injury. Huguet v. Barnett, 900 F.2d 838, 841 (5th Cir.1990).

Dr. Jerry Stringfellow, who examined Wise at the prison the day after the alleged beating, testified that Wise stated that he had been in a scuffle the night before. The doctor found superficial injuries: bruises on Wise’s anterior chest wall and right forearm and a hematoma on the right upper eyelid. Further, the doctor found a normal chest x-ray and a normal urinalysis. The district court found that Wise had failed to state a constitutional claim of unlawful use of excessive force under Rule *418 12(b)(6) because he had not shown a significant injury.

AFFIRMED.

Case Details

Case Name: Bernard Wise v. Norman Carlson
Court Name: Court of Appeals for the Fifth Circuit
Date Published: Jun 6, 1990
Citation: 902 F.2d 417
Docket Number: 89-6060
Court Abbreviation: 5th Cir.
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