Perkins v. Dewberry

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 05-6303 HERSCHEL JULIUS PERKINS, Plaintiff - Appellant, versus CARLTON DEWBERRY, Sergeant; MICHAEL NEEBE, Deputy; TIMOTHY HONIG, Deputy; ALEXANDRIA SHERIFF'S OFFICE; JAMES H. DUNNING, Sheriff's Office of Alexandria, Defendants - Appellees. Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. James C. Cacheris, Senior District Judge. (CA-03-1335-1) Submitted: July 6, 2005 Decided: July 28, 2005 Before TRAXLER and DUNCAN, Circuit Judges, and HAMILTON, Senior Circuit Judge. Affirmed by unpublished per curiam opinion. Herschel Julius Perkins, Appellant Pro Se. Jack L. Gould, Fairfax, Virginia, for Appellees. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM: Herschel Julius Perkins appeals the district court’s order denying relief on his 42 U.S.C. § 1983 (2000) complaint. We have reviewed the record and find no reversible error because, even accepting Perkins’ version of the disputed events, his injuries were de minimis. While the district court did not address Perkins’ mental anguish claim, this claim is meritless because de minimis physical injuries cannot support a claim for mental or emotional injury. See 42 U.S.C. § 1997e(e). We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process. AFFIRMED - 2 -