Steven Lee Smith v. Justin Moody

U.S. Court of Appeals for the Eighth Circuit

Steven Lee Smith v. Justin Moody

Opinion

United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________

No. 99-1427 ___________

Steven Lee Smith, * * Appellant, * * Appeal from the United States v. * District Court for the * Eastern District of Arkansas. Justin Moody, Jailer with Clay County * Detention Center, * [UNPUBLISHED] * Appellee. * ___________

Submitted: March 3, 1999 Filed: March 26, 1999 ___________

Before RICHARD S. ARNOLD, WOLLMAN, and BEAM, Circuit Judges. ___________

PER CURIAM.

Steven Lee Smith, an Arkansas inmate, appeals from the district court’s1 order dismissing his 42 U.S.C. § 1983 action. After carefully reviewing the record, we conclude dismissal was warranted because Smith failed to allege any physical injury in his complaint. See 42 U.S.C. § 1997e(e) (no federal civil action may be brought by prisoner for emotional injury without showing of physical injury); cf. Siglar v. Hightower, 112 F.3d 191, 193 (5th Cir. 1997) (affirming dismissal of inmate’s claims

1 The Honorable Stephen M. Reasoner, United States District Judge for the Eastern District of Arkansas. pursuant to § 1997e(e) where alleged physical injury was merely de minimis). Accordingly, we affirm. See 8th Cir. R. 47A(a).

A true copy.

Attest:

CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.

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Reference

Status
Unpublished