Jeffrey E. Samuels v. Regina Hawkins Jackie Robinson Mark Boucher James McCoy Charles Megerman

PER CURIAM.

Jeffrey E. Samuels appeals from the adverse grant of summary judgment by the District Court1 in Mr. Samuels’s 42 U.S.C. § 1983 action alleging constitutional violations against employees of the Jackson County Detention Center in Kansas City. Having carefully considered the record in this case, we affirm without discussion the judgment of the District Court as to Mr. Samuels’s claims against Captain Jackie Robinson, Officer Mark Boucher, Manager of Detention James McCoy, and Director Charles Megerman. See 8th Cir. R. 47B.

We also affirm as to Officer Regina Hawkins, against whom plaintiff asserts an Eighth Amendment claim. Plaintiff, who at the time of the incident in question was serving a life sentence for first-degree murder and armed criminal action, was incarcerated at the Jackson County Detention Center awaiting transfer to the Missouri Department of Corrections. On May 24,1994, Officer Hawkins reported that while she was making her regular rounds plaintiff threw a cup of liquid (wMch she identified as urine) on her. As a result of Officer Hawkins’s report, plaintiff was placed in restraints for a period of approximately four hours. During that time, Officer Hawkins approached plaintiffs cell and threw a cup of liquid (she says it was a cup of water) into the cell. Plaintiff claims that some of the liquid splashed into his eyes and caused damage. Though plaintiff was examined by the medical staff, no evidence of any damage of any kind was discovered. For her part, Officer Hawkins was counseled on controlling her anger and a formal letter of reprimand was placed in her file. The foregoing facts are the basis for plaintiffs eruel-and-unusual punishment claim against Officer Hawkins.

When “prison officials maliciously and sadistically use force to cause harm, contemporary standards of decency always are violated.” Hudson v. McMillian, 503 U.S. 1, 9, 112 S.Ct. 995, 117 L.Ed.2d 156 (1992). Here, however, there is no evidence from wMch a reasonable jury could conclude that Officer Hawkins acted maliciously and sadistically toward plaintiff. Plainly, her response to plaintiffs provocative actions, which were aggravated by the harassing remarks of other inmates, was unprofessional and inappropriate. But to say that throwing a cup of water (and there is no evidence the substance was anything but water) at plaintiff was, in the circumstances of this case, malicious and sadistic would be an Orwellian distortion of the meaning of those terms. In addition, if one can say that Officer Hawkins used any force at all against plaintiff, it was de minimis in amount, and not of a sort “ ‘repugnant to the conscience of mankind.’ ” Hudson, 503 U.S. at 9, 112 S.Ct. 995 (citing Whitley v. Albers, 475 U.S. 312, 327, 106 S.Ct. 1078, 89 L.Ed.2d 251 (1986)). Finally, despite plaintiffs elaborate claims of serious injury to his eyes, when plaintiff was examined by the medical staff shortly after the incident they found nothing wrong with his eyes. There being no evidence of any actual injury caused by the water that Officer Hawkins threw into plaintiffs cell, we conclude that the injury, if any, cannot be regarded as more than de minimis.

For the reasons stated, the order of the District Court granting summary judgment in favor of Officer Hawkins is, like the summary judgment in favor of the other defendants, affirmed.

. The Honorable Fernando J. Gaitan, Jr., United States District Judge for the Western District of Missouri.