U.S. Court of Appeals for the Fifth Circuit, 2003

Caldwell v. Dallas County

Caldwell v. Dallas County
U.S. Court of Appeals for the Fifth Circuit · Decided August 11, 2003 · Barksdale, DeMOSS, Per Curiam, Smith
71 F. App'x 354

Caldwell v. Dallas County

Opinion

PER CURIAM. *

Moses Caldwell, III, Massachusetts prisoner # 97021087, was detained in a detention center in Dallas, Texas, from March 1997 to June 1998. He filed a 42 U.S.C. § 1983 complaint against the above named defendants and alleged that, while he was in the detention center, the defendants acted with deliberate indifference and failed to protect him from an assault of another prisoner. Caldwell appeals the magistrate judge’s grant of summary judgment and dismissal of the case.

Caldwell’s motion for the appointment of appellate counsel is DENIED.

Our de novo review of the record reveals that the evidence demonstrated that Caldwell did not suffer an injury that was more than de minimis. See Gomez v. Chandler, 163 F.3d 921, 924-25 (5th Cir. 1999); Siglar v. Hightower, 112 F.3d 191, 193 (5th Cir. 1997); Little v. Liquid Air Corp., 37 F.3d 1069, 1075 (5th Cir. 1994) (en banc). The summary judgment is AFFIRMED.

*

Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

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