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Siglar v. Hightower

United States Court of Appeals, Fifth Circuit
May 8, 1997
112 F.3d 191 (5th Cir. 1997)

Summary

holding that a prisoner's bruised ear caused during a routine search constituted a de minimis use of force

Summary of this case from Boxer X v. Harris

Opinion

No. 96-11096. Summary Calendar.

May 8, 1997.

Lee Andrew Siglar, II, Dallas, TX, pro se.

Appeal from the United States District Court for the Northern District of Texas.

Before JONES, DeMOSS and PARKER, Circuit Judges.


Lee Andrew Siglar, II, Texas prisoner # 96054477 ("Siglar"), filed a civil rights action pursuant to 42 U.S.C. §(s) 1983 against Warden Elvis C. Hightower ("Hightower") and Corrections Officers Ejike S. Nwose ("Nwose"), James L. Alexander ("Alexander") and Melissa Whitehead ("Whitehead"). The district court dismissed Siglar's complaint as frivolous under 28 U.S.C. Section(s) 1915(e)(2) and Siglar appealed.

FACTS

Siglar alleged the following facts in his complaint, in response to the court's questionnaire and in a Spears hearing. Siglar was stopped in the hall of his prison unit by Officer Whitehead while returning from breakfast. Whitehead directed Siglar to stand and face the wall while she searched him. A biscuit was found in his jacket pocket. Whitehead called for backup. Nwose responded to Whitehead's call and verbally and physically abused Siglar during the incident. Without provocation, Nwose twisted Siglar's arm behind his back and twisted Siglar's ear. Siglar's ear was bruised and sore for three days but he did not seek or receive medical treatment for any physical injury resulting from the incident. There is no allegation that he sustained long term damage to his ear. Whitehouse and Alexander witnessed the incident and did not intervene to protect Siglar from Nwose. Hightower was the Warden of the unit and Siglar contends that he was negligent in his supervision of Nwose and his handling of Siglar's subsequent complaint against Nwose.

Spears v. McCotter, 766 F.2d 179 (5th Cir. 1985).

DISCUSSION

Siglar's complaint, filed in forma pauperis ("IFP") may be dismissed as frivolous if it lacks an arguable basis in law or fact. 28 U.S.C. §(s) 1915(e)(2)(B)(i); Eason v. Thaler, 14 F.3d 8, 9 (5th Cir. 1994). A complaint lacks an arguable basis in law if it is based on an indisputably meritless legal theory, such as if the complaint alleges the violation of a legal interest which clearly does not exist. Neitzke v. Williams, 490 U.S. 319, 327, 109 S.Ct. 1827, 1832-33, 104 L.Ed.2d 338 (1989). This court reviews a Section(s) 1915(e) dismissal for abuse of discretion. Graves v. Hampton, 1 F.3d 315, 317 (5th Cir. 1993).

The district court held that Siglar's claim is without an arguable basis in law. It is clear that verbal abuse by a prison guard does not give rise to a cause of action under Section(s) 1983. See Bender v. Brumley, 1 F.3d 271, 274 n. 4 (5th Cir. 1993). The district court then determined that no qualifying physical injury resulted from the incident. The district court referenced a new statutory provision, 42 U.S.C. § 1997e(e), enacted as part of the Prison Litigation Reform Act, which provides:

No Federal civil action may be brought by a prisoner confined in a jail, prison or other correctional facility for mental or emotional injury suffered while in custody without a prior showing of physical injury.

The question for this court is whether Siglar's bruised ear amounts to a "physical injury" that can serve as the basis for his excessive force or mental and emotional suffering claims. The Supreme Court has defined the parameters for Eighth Amendment claims arising out of injuries suffered by prisoners at the hands of prison guards:

whether force was applied in good-faith effort to maintain or restore discipline, or maliciously and sadistically to cause harm. Hudson v. McMillian, 503 U.S. 1, 7, 112 S.Ct. 995, 999, 117 L.Ed.2d 156 (1992). The absence of serious injury, while relevant to the inquiry, does not preclude relief. Id. However, the Eighth Amendment's prohibition of cruel and unusual punishment excludes from constitutional recognition de minimus uses of physical force, provided that the use of force is not of a sort "repugnant to the conscience of mankind." Id. at 10, 112 S.Ct. at 1000.

In the absence of any definition of "physical injury" in the new statute, we hold that the well established Eighth Amendment standards guide our analysis in determining whether a prisoner has sustained the necessary physical injury to support a claim for mental or emotional suffering. That is, the injury must be more than de minimus, but need not be significant. See id.

We conclude that Siglar's alleged injury — a sore, bruised ear lasting for three days — was de minimus. Siglar has not raised a valid Eighth Amendment claim for excessive use of force nor does he have the requisite physical injury to support a claim for emotional or mental suffering. We therefore hold that the district court did not abuse its discretion in ordering the dismissal of Siglar's claims.

AFFIRMED.


Summaries of

Siglar v. Hightower

United States Court of Appeals, Fifth Circuit
May 8, 1997
112 F.3d 191 (5th Cir. 1997)

holding that a prisoner's bruised ear caused during a routine search constituted a de minimis use of force

Summary of this case from Boxer X v. Harris

holding that an ear that was sore and bruised for three days was nevertheless a de minimis injury

Summary of this case from Alexander v. Tippah County, Miss

holding that a sore, bruised ear lasting for three days was de minimis and did not meet the physical injury requirement found in the PLRA

Summary of this case from Brown v. Bowers

holding that in the absence of a definition of "physical injury" in § 1997e(e), the "well-established Eighth Amendment standards guide our analysis in determining whether a prisoner has sustained the necessary physical injury to support a claim for mental or emotional suffering," which means that the injury must be more than de minimus but need not be significant

Summary of this case from Barela v. Underwood

holding that a bruised ear that was sore for three days was de minimis and insufficient to support a claim for damages

Summary of this case from Buchanan v. Harris

holding that a sore, bruised ear lasting three days was de minimis and failed to meet the requisite physical injury to support an Eighth Amendment claim or a claim for emotional or mental suffering

Summary of this case from Goss v. Stirling

holding that twisting an inmate's arm behind his back and twisting his ear, causing the ear to bruise for three days, was a de minimis injury

Summary of this case from Harris v. Liberty

holding that verbal abuse, even if racially or ethnically motivated, does not give rise to a cause of action under § 1983

Summary of this case from Jackson v. Sullivan

holding that a sore, bruised ear lasting for three days was de minimis and would not support an excessive-force claim

Summary of this case from Dillon v. Moore

holding that a sore, bruised ear lasting for three days was de minimis and would not support an excessive force claim

Summary of this case from Dillon v. Little

holding that a sore, bruised ear lasting for three days was de minimis and would not support an excessive force claim

Summary of this case from Olivarez v. Davidson

holding that twisting an inmate's arm behind his back and twisting his ear, causing the ear to bruise for three days, was a de minimis injury

Summary of this case from Young v. Dep't of Corrs.

holding that a sore, bruised ear lasting for three days was a de minimus injury not sufficient to support a claim

Summary of this case from Harz v. Denton Cnty.

holding that a sore, bruised ear lasting for three days was de minimis and would not support an excessive force claim

Summary of this case from Bourne v. Gunnels

holding that a sore, bruised ear lasting for three days was de minimis and not sufficient to state a claim for excessive force

Summary of this case from Green v. Barlow

holding that twisting an inmate's arm behind his back and twisting his ear, causing the ear to bruise for three days, was a de minimis injury

Summary of this case from Badger v. Correct Care Solutions

holding that a sore, bruised ear that lasted for several days constituted a de minimis injury

Summary of this case from Coleman v. McDonald

holding that a sore, bruised ear lasting for three days was de minimis and did not meet the physical injury requirement found in the PLRA

Summary of this case from Kitt v. Bailey

holding that a sore, bruised ear lasting for three days does not support an Eighth Amendment claim

Summary of this case from Shabazz v. Prison Health Servs. Inc.

holding that the Eighth Amendment standard applies when determining whether a prisoner has sustained a physical injury which would support a claim for mental or emotional suffering

Summary of this case from Jones v. Catahoula Par.

holding that "verbal abuse by a prison guard does not give rise to an action under § 1983"

Summary of this case from Edwards v. Jones

holding that a sore, bruised ear lasting for three days was de minimis and failed to meet the requisite physical injury to support an Eighth Amendment claim or a claim for emotional or mental suffering

Summary of this case from McCoy v. SCDC

holding that the Eighth Amendment standard applies when determining whether a prisoner has sustained a physical injury which would support a claim for mental or emotional suffering

Summary of this case from Caldwell v. Haynes

holding that a sore bruised ear lasting for three days did not constitute a physical injury as required to state a claim for excessive force

Summary of this case from PARKER v. DOTY

holding that a sore, bruised ear lasting for three days was de minimis and not sufficient to raise a valid claim for excessive force

Summary of this case from Richardson v. Simmons
Case details for

Siglar v. Hightower

Case Details

Full title:LEE ANDREW SIGLAR, II, PLAINTIFF-APPELLANT, v. ELVIS HIGHTOWER; EJIKE S…

Court:United States Court of Appeals, Fifth Circuit

Date published: May 8, 1997

Citations

112 F.3d 191 (5th Cir. 1997)

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