Phillips v. Keith

697 F. App'x 265
Court of Appeals for the Fifth Circuit·Decided August 22, 2017·No. No. 16-30974 Summary Calendar·Published

Opinion

PER CURIAM:*

Jónica Haamid Phillips, Louisiana prisoner # 429550, appeals the summary judgment dismissal of his 42 U.S.C. § 1983 complaint against Pamela Horn. He alleged that Horn failed to protect him from an assault by another prisoner.

The district court did not err in granting Horn’s motion for summary judgment. See Hyatt v. Thomas, 843 F.3d 172, 176 (5th Cir. 2016); Fed. R. Civ. P. 56(a). The summary judgment record did not demonstrate a strong likelihood that Phillips was in danger of physical harm and was therefore insufficient as a matter of law to support a finding that Horn was deliberately indifferent. See Carnaby v. City of Houston, 636 F.3d 183, 187 (5th Cir. 2011); Grissom v. Patterson, Nos. 91-7137, 92-7244, 1993 WL 560256, 3 (5th Cir. Dec. 27, 1993) (unpublished but precedential under 5th Cir. R. 47.5.3).

The judgment of the district court is AFFIRMED.

Footnotes

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Phillips v. Keith, 697 F. App'x 265 (5th Cir. 2017).

697 F. App'x 265 (Phillips v. Keith) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Susan Carnaby v. City of Houston
636 F.3d 183 (Fifth Circuit, 2011)
Grissom v. Patterson
14 F.3d 52 (Fifth Circuit, 1993)
Randi Hyatt v. Callahan County
843 F.3d 172 (Fifth Circuit, 2016)