Brown v. McMillin

United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS May 20, 2003 FOR THE FIFTH CIRCUIT Charles R. Fulbruge III Clerk No. 02-60504 Summary Calendar RICHARD LEE BROWN Plaintiff - Appellant v. MALCOLM E MCMILLIN, Sheriff, ET AL, Defendants MALCOLM E MCMILLIN, Sheriff, DOUG JONES; DENNIS MOULDER; H. COOLEY; CASSEY DENNIS; JOHN DOES Defendants - Appellees -------------------- Appeal from the United States District Court for the Southern District of Mississippi USDC No. 3:01-CV-60-BN -------------------- Before KING, Chief Judge, and SMITH and DENNIS, Circuit Judges. PER CURIAM:* Richard Lee Brown, Mississippi prisoner # K9690, appeals from a judgment in favor of the defendants on his civil rights claims. We affirm. Brown’s allegations of cumulative error and coercive tactics by the magistrate judge are not supported by the record. * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. No. 02-60504 -2- Moreover, the magistrate judge did not abuse his discretion in refusing to appoint counsel for Brown. See Castro Romero v. Becken, 256 F.3d 349, 353-54 (5th Cir. 2001). Review of the trial transcript and exhibits shows that the magistrate judge did not clearly err in his determination that Brown’s injuries were sustained from a motor vehicle accident rather than the use of excessive force. See Baldwin v. Stalder, 137 F.3d 836, 839 (5th Cir. 1998). The record further reveals that Brown failed to establish that the defendants acted with deliberate indifference or punitive motive when he was placed on suicide watch or that they were deliberately indifferent to his medical needs. See Hare v. City of Corinth, 74 F.3d 633, 639 (5th Cir. 1996) (en banc). Brown’s argument that the Hinds County Detention Center employees and deputies were inadequately hired and trained is conclusional and inadequately briefed. It is therefore not considered. See Yohey v. Collins,985 F.2d 222, 224-25 (5th Cir. 1993). AFFIRMED.