United States Fifth Circuit

In an inmate's 42 U.S.C. section 1983 action alleging that a correctional officer used excessive physical force against him while he was incarcerated, denial of summary judgment for defendant-officer is affirmed over his claims that: 1) plaintiff never showed anything more than a de minimis injury, and thereby could not overcome defendant's qualified immunity protection; and 2) there was no evidence properly before the district court that defendant's actions were in bad faith.

Appellate Information

• Decided 12/12/2006
• Published 12/13/2006

Judges

• BENAVIDES, Circuit Judge:, Before SMITH, BENAVIDES and PRADO, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Marcus P. Brown, Tennessee Colony, TX, pro se.


• For Appellees:
  
• Celamaine Cunniff, Asst. Atty. Gen., Austin, TX, for Defendant-Appellant.