UNITED STATES COURT OF APPEALS
FIFTH CIRCUIT
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No. 96-20020
(Summary Calendar)
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LEROY WAFER,
Plaintiff-Appellant,
versus
DONALD GAY; LANE BLAIR; JAMES MURPHY; RANDLE
FREEMAN; T R CARTER,
Defendants-Appellees.
Appeal from the United States District Court
For the Southern District of Texas
July 2, 1996
Before HIGGINBOTHAM, DUHÉ, and EMILIO M. GARZA, Circuit Judges.
PER CURIAM:*
Leroy Wafer, an inmate confined in the Walls Unit of the Texas
Department of Criminal Justice-Institutional Division (“TDCJ-ID”),
appeals the district court’s grant of summary judgment denying
Wafer’s 42 U.S.C. § 1983 suit against Donald Gay, Lane Blair, James
Murphy, Randal Freeman, and T. R. Carter, all employees of TDCJ-ID.
*
Pursuant to Local Rule 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opinion should not be published and is not precedent except under the limited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 Local Rule 47.5.4.
In his § 1983 suit, Wafer alleged that Defendants had violated his
Eighth Amendment rights by using excessive force against him during
a search of his cell for contraband. Wafer further alleged that
this assault was in retaliation for Wafer having filed suit for
exposure to asbestos. Wafer also alleged that Defendants failed to
protect him from an attack by his cell mate in which the cell mate
hit him with a pad lock and bit him several times.
Having carefully reviewed the record, we find that Wafer
failed to show a genuine issue as to any material fact, and
Defendants were therefore entitled to judgment as a matter of law.
FED. R. CIV. P. 56(c). We affirm the district court’s grant of
summary judgment in favor of the Defendants, substantially for the
reasons stated in the district court’s Order. See Wafer v. Gay,
No. CA-H-93-1017 (S.D. Texas Dec. 12, 1995).
AFFIRMED.
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