Bernard Wise v. Norman Carlson

902 F.2d 417, 1990 U.S. App. LEXIS 8924, 1990 WL 65902

Opinion

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.