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Wise v. Carlson

United States Court of Appeals, Fifth Circuit
Jun 6, 1990
902 F.2d 417 (5th Cir. 1990)
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Summary

finding bruises to chest and forearm, as well as hematoma on upper eyelid insufficient as a matter of law

Summary of this case from DUNN v. DENK
See 3 Summaries

Opinion

No. 89-6060. Summary Calendar.

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:

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

AFFIRMED.

Summaries of

Wise v. Carlson

United States Court of Appeals, Fifth Circuit
Jun 6, 1990
902 F.2d 417 (5th Cir. 1990)

finding bruises to chest and forearm, as well as hematoma on upper eyelid insufficient as a matter of law

Summary of this case from DUNN v. DENK

In Wise v. Carlson, 902 F.2d 417 (5th Cir. 1990), we held that mere superficial injuries consisting of chest bruises, forearm bruises, and a hematoma on the upper eyelid was not sufficient to establish a significant injury. Similarly, in Hudson v. McMillian, 929 F.2d 1014 (5th Cir. 1990), cert. granted, ___ U.S. ___, 111 S.Ct. 1579, 113 L.Ed.2d 645 (1991), we held that an inmate who suffered a split lower lip, cracked dental plates, loosened teeth, and bruises to his body, but required no other medical attention could not recover under an excessive force section 1983 claim.

Summary of this case from Luciano v. Galindo

In Wise the inmate sustained bruises to the anterior chest wall and right forearm and a hematoma to his right upper eyelid.

Summary of this case from Hudson v. McMillian
Case details for

Wise v. Carlson

Case Details

Full title:BERNARD WISE, PLAINTIFF-APPELLANT, v. NORMAN CARLSON, ET AL.…

Court:United States Court of Appeals, Fifth Circuit

Date published: Jun 6, 1990

Citations

902 F.2d 417 (5th Cir. 1990)

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