Filed: Aug. 03, 2005
Latest Update: Mar. 28, 2017
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 05-1339 JERRY SELLERS, Plaintiff - Appellant, versus OFFICER WARING; DETECTIVE HARDY; CIRCUIT COURT FOR PRINCE GEORGE’S COUNTY, MARYLAND, Defendants - Appellees. Appeal from the United States District Court for the District of Maryland, at Greenbelt. Roger W. Titus, District Judge. (CA-05-373-8-RWT) Submitted: July 20, 2005 Decided: August 3, 2005 Before LUTTIG and WILLIAMS, Circuit Judges, and HAMILTON, Senior Circuit Judge.
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 05-1339 JERRY SELLERS, Plaintiff - Appellant, versus OFFICER WARING; DETECTIVE HARDY; CIRCUIT COURT FOR PRINCE GEORGE’S COUNTY, MARYLAND, Defendants - Appellees. Appeal from the United States District Court for the District of Maryland, at Greenbelt. Roger W. Titus, District Judge. (CA-05-373-8-RWT) Submitted: July 20, 2005 Decided: August 3, 2005 Before LUTTIG and WILLIAMS, Circuit Judges, and HAMILTON, Senior Circuit Judge. A..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 05-1339
JERRY SELLERS,
Plaintiff - Appellant,
versus
OFFICER WARING; DETECTIVE HARDY; CIRCUIT COURT
FOR PRINCE GEORGE’S COUNTY, MARYLAND,
Defendants - Appellees.
Appeal from the United States District Court for the District of
Maryland, at Greenbelt. Roger W. Titus, District Judge.
(CA-05-373-8-RWT)
Submitted: July 20, 2005 Decided: August 3, 2005
Before LUTTIG and WILLIAMS, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Affirmed by unpublished per curiam opinion.
Jerry Sellers, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Jerry Sellers appeals the district court’s order denying
relief on his 42 U.S.C. § 1983 (2000) complaint. We have reviewed
the record and find no reversible error. Accordingly, we affirm
substantially for the reasons stated by the district court.* See
Sellers v. Waring, No. CA-05-373-8-RWT (D. Md. filed Feb. 22, 2005
& entered Feb. 23, 2005). We dispense with oral argument because
the facts and legal contentions are adequately presented in the
materials before the court and argument would not aid the
decisional process.
AFFIRMED
*
Although we find that Sellers’s excessive force claim falls
under the Fourth Amendment exception to Heck v. Humphrey,
512 U.S.
477 (1994), we nonetheless affirm the district court’s dismissal of
this claim on the ground that Sellers fails to allege that he
suffered more than de minimis injury. See Carter v. Morris,
164
F.3d 215, 219 n.3 (4th Cir. 1999) (finding that claim that
handcuffs were too tight was too insubstantial to state a claim of
excessive force under the Fourth Amendment).
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