United States Court of Appeals
Fifth Circuit
F I L E D
UNITED STATES COURT OF APPEALS
May 9, 2003
FOR THE FIFTH CIRCUIT
Charles R. Fulbruge III
_______________________ Clerk
No. 02-20221
_______________________
PATRICK BERNARD SMITH,
Plaintiff-Appellant,
versus
TOMMY THOMAS; GARY W. SMIDT, DENNIS W. IVEY;
S.E. BAIRD, Lieutenant; GREGORY A. JONES; DALE W. HUBERT;
ROBERT RUYLE; DEBBIE CLARK, Nurse
Defendants-Appellees.
_________________________________________________________________
Appeal from the United States District Court
for the Southern District of Texas
H-99-CV-3256
_________________________________________________________________
Before JONES and BENAVIDES, Circuit Judges, and GEORGE P. KAZEN,*
District Judge.
PER CURIAM:**
Patrick Bernard Smith (“Smith”), Texas prisoner no.
896428, appeals the summary-judgment dismissal of his 42 U.S.C. §
1983 action against Harris County, Texas, Sheriff Tommy Thomas;
*
District Judge of the Southern District of Texas, sitting by
designation.
**
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this opinion should not be published and is not precedent except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.
Deputies Gary Smidt, Dennis Ivey, Dale Hubert, and Robert Ruyle;
Lieutenant S.E. Baird; Officer Gregory Jones; and Nurse Debbie
Clark.
Before the district court Smith alleged, first, that the
defendants used excessive force against him following a disciplin-
ary violation while he was a pretrial detainee and, second, that
the defendants thereafter were deliberately indifferent to his
medical needs. For the reasons adequately presented in the
district court’s fine opinion, this Court affirms the district
court’s grant of summary judgment to the defendants on these two
claims.
On appeal Smith adds another claim, namely, that his due
process rights were violated when he was placed in restraints
following his disciplinary violation. Because Smith failed to
present this claim to the district court, he may not raise it on
appeal. Leverette v. Louisville Ladder Co., 183 F.3d 339, 342 (5th
Cir. 1999).
Judgment AFFIRMED.
2