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Lee v. Wilson

United States Court of Appeals, Fifth Circuit
Jul 26, 2007
237 F. App'x 965 (5th Cir. 2007)

Summary

affirming dismissal of prisoner's excessive force claim, holding that prisoner's split lip was de minimus injury

Summary of this case from Weathington v. Clark

Opinion

No. 06-50191, Summary Calendar.

July 26, 2007.

Charles Raymond Lee, Jr., Gatesville, TX, pro se.

R. Mark Dietz, Dietz Jarrard, Round Rock, TX, for Defendants-Appellees.

Appeal from the United States District Court for the Western District of Texas, USDC No. 1:04-CV-773.

Before KING, BARKSDALE, and GARZA, Circuit Judges.


Charles Raymond Lee, Jr., Texas prisoner # 904078, filed a pro se 42 U.S.C. § 1983 lawsuit against Deckard and Sheriff Jim Wilson, in their individual and official capacities. After the district court dismissed Lee's case on summary judgment, Lee timely filed a notice of appeal.

Lee appeals the dismissal of his claims that Deckard violated his constitutional rights by using excessive force and denying him medical treatment. This court reviews de novo a district court's order granting a party's summary-judgment motion. Whittaker v. BellSouth Telecomms., Inc., 206 F.3d 532, 534 (5th Cir. 2000); see also FED.R.CIV.P. 56(c); Celotex Corp. v. Catrett, 477 U.S. 317, 322, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986).

Lee's excessive force claim was based on his allegation that he suffered a "busted lip" that bled when Deckard closed a portal door through which food is passed. Lee further described his lip injury as the kind that might be incurred in a basketball game, and he alleged that he suffered headaches as a result of his injury. Crediting Lee's allegations as true under the summary judgment standard, we affirm the dismissal of his excessive force claim because Lee's injury was de minimis in the context given that Deckard's closing of the portal door was a reasonable attempt to maintain order in response to Lee's complaints. See Hudson v. McMillian, 503 U.S. 1, 6-7, 112 S.Ct. 995, 117 L.Ed.2d 156 (1992); Glenn v. City of Tyler, 242 F.3d 307, 314 (5th Cir. 2001); see also Hare v. City of Corinth, 74 F.3d 633, 639 (5th Cir. 1996) (en banc) (pretrial detainee case).

Lee also appeals his claim that he was denied medical care for his injured lip. Given the circumstances, the district court correctly entered summary judgment for the defendants because Lee's injury was de minimis and their conduct was not "`repugnant to the conscience of mankind.'" Stewart v. Murphy, 174 F.3d 530, 534 (5th Cir. 1999) (quoting McCormick v. Stalder, 105 F.3d 1059, 1061 (5th Cir. 1997)); see also Hare, 74 F.3d at 639, 648.

Lee has moved for appointment of counsel, arguing that appointment of counsel is needed in order to obtain records, interview witnesses, and investigate Lee's claims. Lee has not shown exceptional circumstances, and his request for appointment of counsel is denied. Cupit v. Jones, 835 F.2d 82, 86 (5th Cir. 1987).

AFFIRMED; MOTION DENIED.


Summaries of

Lee v. Wilson

United States Court of Appeals, Fifth Circuit
Jul 26, 2007
237 F. App'x 965 (5th Cir. 2007)

affirming dismissal of prisoner's excessive force claim, holding that prisoner's split lip was de minimus injury

Summary of this case from Weathington v. Clark

affirming summary judgment that found prisoner's injury to be de minimis, consisting of a "busted lip" in the context of officer's "reasonable attempt to maintain order" in response to prisoner's complaints

Summary of this case from Brown v. Rodriguez

affirming dismissal of prisoner's excessive force claim, holding that prisoner's busted lip was de minimis injury

Summary of this case from Moore v. Banks

affirming dismissal of denial of medical treatment claim where Plaintiff's claimed injury — a busted lip — was "de minimis" and defendants' "conduct `was not repugnant to the conscience of mankind.'"

Summary of this case from Whiddon v. Martin

affirming dismissal of prisoner's excessive force claim, holding that prisoner's busted lip was de minimis injury

Summary of this case from Whiddon v. Martin

affirming dismissal of prisoner's excessive force claim, holding that prisoner's busted lip was de minimis injury

Summary of this case from Barnes v. Corrections Corporation of America

affirming dismissal of claims for excessive force and denial of adequate medical treatment because injury to plaintiff's lip was de minimis

Summary of this case from Daughtery v. Denmark

affirming dismissal of prisoner's excessive force claim, holding that prisoner's busted lip was de minimis injury

Summary of this case from White v. Collins
Case details for

Lee v. Wilson

Case Details

Full title:Charles Raymond LEE, Jr., Plaintiff-Appellant, v. Jim WILSON, Sheriff…

Court:United States Court of Appeals, Fifth Circuit

Date published: Jul 26, 2007

Citations

237 F. App'x 965 (5th Cir. 2007)

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