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902 F.2d 417

Docket No. 89-6060

Wise v. Carlson

Fifth Circuit Court of Appeals

Decided June 6, 1990.

Fifth Circuit Court of Appeals · decided 1990-06-06

Cited by 12 later decisions — most recently June 1995

9 federal appellate · 1 district ·

2 counsel of record

Relies on Huguet v. Barnett

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1990-06-06

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¶1Summary Calendar.

¶2Bernard Wise, Lorton, Va., pro se.

¶3Dane Smith, Asst. U.S. Atty., Bob Wort-ham, U.S. Atty., Tyler, Tex., for defendants-appellees.

¶4Before GEE, DAVIS, and JONES, Circuit Judges.

¶5PER CURIAM:

¶6To 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).

¶7Dr. 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 *41812(b)(6) because he had not shown a significant injury.

¶8AFFIRMED.

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