Watts v. Evans

Opinion

UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

__________________

No. 95-60665 Summary Calendar __________________

ALBERT JAMES WATTS,

Plaintiff-Appellant,

versus

BILLY RAY EVANS,

Defendant-Appellee.

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Appeal from the United States District Court for the Southern District of Mississippi (4:95-CV-14LN) ______________________________________________

April 11, 1996 Before SMITH, BENAVIDES, and DENNIS, Circuit Judges.

PER CURIAM:*

Albert James Watts, a Mississippi state prisoner, appeals the

district court's grant of summary judgment in favor of Sheriff

Evans in this civil rights suit in which Watts alleged an Eighth

Amendment excessive force claim. 42 U.S.C. § 1983. We affirm for

the following reasons.

Watts failed to rebut with any competent summary judgment

proof Evans' showing that there was no material issue of fact

* Pursuant to Local Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in Local Rule 47.5.4. regarding Watts' having "some injury." See Rankin v. Klevenhagen,

5 F.3d 103, 108 (5th Cir. 1993). Further, we do not consider

Watts' claim that he suffers emotional problems because he raises

it for the first time on appeal. Varnado v. Lynaugh, 920 F.2d 320,

321 (5th Cir. 1991).

AFFIRMED.