Caldwell v. Brackens

UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT _______________________ No. 97-40769 Summary Calendar _______________________ RONALD T. CALDWELL, Plaintiff-Appellant, versus ROY L. BRACKENS, ET AL, Defendants, ROY L. BRACKENS, Correctional Officer, Michael Unit; TIM R. HUFFMAN, Correctional Officer, Michael Unit, Defendants-Appellees. _________________________________________________________________ Appeal from the United States District Court for the Eastern District of Texas (6:96-CV-581) _________________________________________________________________ July 13, 1998 Before JONES, SMITH, and STEWART, Circuit Judges. PER CURIAM:* The appellant alleges that his injuries from an altercation with prison guards were more than de minimis and that * 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 R. 47.5, the Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. he has therefore stated a claim for unconstitutional use of excessive force. We disagree. A few bruises and 1-cm. scratch are not injuries of constitutional dimension. Siglar v. Hightower, 112 F.3d 191 (5th Cir. 1997). The magistrate judge correctly dismissed Caldwell’s claim as frivolous pursuant to 28 U.S.C. § 1915. AFFIRMED. 2