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95 F. App'x 78

Stephens v. Yusuff

U.S. Courts of Appeals

Decided April 19, 2004

U.S. Courts of Appeals · decided 2004-04-19

Applies 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act)) · 42 U.S.C. § 1997E

Relies on Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics · Yohey v. Collins · Mark Anthony Harris Michael Hegmann Janet Boyd Rose James

Decided 2004-04-19

PER CURIAM: *

¶1 Kelvin Bernard Stephens, federal prisoner #48329-019, appeals from the district court’s dismissal of his civil-rights lawsuit, in which Stephens alleged claims under the Privacy Act, the Freedom of Information Act, Bivens, 1 the Federal Tort Claims Act (“FTCA”), and 42 U.S.C. §§ 1983, 1985, 1985(3), and 1986. On appeal, Stephens has briefed only his challenge to the dismissal of his FTCA and Bivens claims seeking monetary damages for failure to state a claim upon which relief may be granted. He has therefore abandoned any challenge to the dismissal of his other claims. See Yohey v. Collins, 985 F.2d 222, 224-25 (5th Cir.1993).

¶2 Stephens sought monetary damages in his FTCA and Bivens claims to compensate him for alleged mental suffering he attributed to the defendants’ actions. As he did not allege a physical injury, his claims were barred by 42 U.S.C. § 1997e(e). His challenged claims were therefore properly dismissed for failure to state a claim upon which relief could be granted. See Harris v. Hegmann, 198 F.3d 153, 156 (5th Cir.1999).

¶3 The district court’s judgment is AFFIRMED.

*

¶4 Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

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