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Bernard Wise v. Norman Carlson
902 F.2d 417
| 5th Cir. | 1990
|
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902 F.2d 417

Bernard WISE, Plaintiff-Appellant,
v.
Norman CARLSON, et al., Defendants-Appellees.

No. 89-6060
Summary Calendar.

United States Court of Appeals,
Fifth Circuit.

June 6, 1990.

Bernard Wise, Lorton, Va., pro se.

Dane Smith, Asst. U.S. Atty., Bob Wortham, U.S. Atty., Tyler, Tex., for defendants-appellees.

Appeal from the United States District Court for the Eastern District of Texas.

Before GEE, DAVIS, and JONES, Circuit Judges.

PER CURIAM:

1

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).

2

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 12(b)(6) because he had not shown a significant injury.

3

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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