Filed: Sep. 03, 1999
Latest Update: Mar. 02, 2020
Summary: UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT _ No. 98-21077 Summary Calendar _ S.J. WILBURN, Plaintiff-Appellant, VERSUS TOMMY SHANE; ONE UNKNOWN PASADENA POLICE OFFICER; TOMMY THOMAS; ONE UNKNOWN SHERIFF’S DEPARTMENT SERGEANT/LIEUTENANT; ONE UNKNOWN PASADENA POLICE OFFICER OR JAILER (POLICE OFFICER #2), Defendants-Appellees. _ Appeal from the United States District Court for the Southern District of Texas (H-98-CV-236) _ August 20, 1999 Before DAVIS, DUHÉ, and PARKER, Circuit Judges. PE
Summary: UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT _ No. 98-21077 Summary Calendar _ S.J. WILBURN, Plaintiff-Appellant, VERSUS TOMMY SHANE; ONE UNKNOWN PASADENA POLICE OFFICER; TOMMY THOMAS; ONE UNKNOWN SHERIFF’S DEPARTMENT SERGEANT/LIEUTENANT; ONE UNKNOWN PASADENA POLICE OFFICER OR JAILER (POLICE OFFICER #2), Defendants-Appellees. _ Appeal from the United States District Court for the Southern District of Texas (H-98-CV-236) _ August 20, 1999 Before DAVIS, DUHÉ, and PARKER, Circuit Judges. PER..
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UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
___________________________
No. 98-21077
Summary Calendar
___________________________
S.J. WILBURN,
Plaintiff-Appellant,
VERSUS
TOMMY SHANE; ONE UNKNOWN PASADENA POLICE OFFICER; TOMMY THOMAS;
ONE UNKNOWN SHERIFF’S DEPARTMENT SERGEANT/LIEUTENANT; ONE UNKNOWN
PASADENA POLICE OFFICER OR JAILER (POLICE OFFICER #2),
Defendants-Appellees.
___________________________________________________
Appeal from the United States District Court
for the Southern District of Texas
(H-98-CV-236)
___________________________________________________
August 20, 1999
Before DAVIS, DUHÉ, and PARKER, Circuit Judges.
PER CURIAM:*
Texas prisoner S.J. Wilburn instituted this civil rights
action under 42 U.S.C. § 1983 against Pasadena Chief of Police
Tommy Shane, Harris County Sheriff Tommy Thomas, and persons
unknown, alleging the use of excessive force. Wilburn also alleged
that defendants Shane and Thomas maintained unconstitutional
policies with regard to the handling of inmates experiencing
medical emergencies and with regard to the use of wheelchairs
without footrests. The district court dismissed the suit, finding
no evidence in the record to support Wilburn’s allegations.
*
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this opinion should not be published and is not precedent except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.
Wilburn appeals.
Wilburn presented no summary judgment evidence that defendants
Shane and Thomas maintained unconstitutional policies regarding the
handling of inmates experiencing medical emergencies or the use of
wheelchairs without footrests. Therefore, the district court
correctly granted summary judgment in favor of these defendants.
Furthermore, based on the objective factors of Wilburn’s
medical records, which show no evidence of any injuries consistent
with his allegations of excessive force, Wilburn’s allegations are
implausible. See Wesson v. Oglesby,
910 F.2d 278, 281-82 (5th Cir.
1990). It is implausible that the hospital would not have recorded
the severe injuries Wilburn alleged he received. Thus, the
district court properly granted the motion for summary judgment as
to all defendants.
Wilburn also claims that the district court improperly denied
his motion to amend his complaint and his requests for additional
discovery time. Because the objective medical evidence renders
Wilburn’s allegations implausible, the district court did not err
in denying Wilburn’s motion to amend his complaint or his requests
for additional discovery time.2
AFFIRMED.
2
Wilburn’s motion for expedited appeal is denied as moot.
2