Oakley v. Weaver
162 F.3d 1159
5th Cir.
1998
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*1 Before JOLLY, SMITH, and WIENER, Circuit Judges.

PER CURIAM: [*]

Jimmy Horace Oakley, an inmate (# 606677) currently confined in the Texas Department of Criminal Justice, Institutional Division appeals from the dismissal of his 42 U.S.C. § 1983 suit following a bench trial, in which he had alleged that the

No. 97-40488

-2- appellee had used excessive force during Oakley’s arrest. Oakley argues that key witnesses’ testimony during the bench trial was false and that Officer Russell used excessive force when she sprayed him with pepper spray as he entered the back seat of the patrol car.

We have review the record and the parties’ briefs and hold that the magistrate judge did not err in holding that the appellee had not used excessive force during Oakley’s arrest. Spann v. Rainey, 987 F.2d 1110, 1115 (5th Cir. 1993); Lozano v. Smith, 718 F.2d 756, 768 (5th Cir. 1983). Accordingly, the judgment of the magistrate judge is AFFIRMED.

AFFIRMED.

Notes

[*] Pursuant to 5 TH C IR . R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR . R. 47.5.4.