Steven Lee Smith v. Justin Moody

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Justin Moody, Jailer with Clay County * Detention Center, * [UNPUBLISHED] * Appellee.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 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.