Bernard Wise, Plaintiff-appellant, v. Norman Carlson, et al., Defendants-appellees

United States Court of Appeals, Fifth Circuit. - 902 F.2d 417

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.