Filed: Feb. 15, 2000
Latest Update: Mar. 02, 2020
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 99-30077 Summary Calendar ULYSSES JOSEPH, Plaintiff-Appellant, versus WARDEN HEBERT; KEVIN MILLET; JIMMY OUBRE; JAMIE ST ANDRUS; JARRETT LNU, in their individual and official capacities, Defendants-Appellees. Appeal from the United States District Court for the Eastern District of Louisiana USDC No. 97-CV-725-N February 10, 2000 Before HIGGINBOTHAM, DeMOSS, and STEWART, Circuit Judges. PER CURIAM:* Ulysses Joseph appeals from the ju
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 99-30077 Summary Calendar ULYSSES JOSEPH, Plaintiff-Appellant, versus WARDEN HEBERT; KEVIN MILLET; JIMMY OUBRE; JAMIE ST ANDRUS; JARRETT LNU, in their individual and official capacities, Defendants-Appellees. Appeal from the United States District Court for the Eastern District of Louisiana USDC No. 97-CV-725-N February 10, 2000 Before HIGGINBOTHAM, DeMOSS, and STEWART, Circuit Judges. PER CURIAM:* Ulysses Joseph appeals from the jud..
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IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 99-30077
Summary Calendar
ULYSSES JOSEPH,
Plaintiff-Appellant,
versus
WARDEN HEBERT; KEVIN MILLET; JIMMY OUBRE; JAMIE ST ANDRUS;
JARRETT LNU, in their individual and official capacities,
Defendants-Appellees.
Appeal from the United States District Court
for the Eastern District of Louisiana
USDC No. 97-CV-725-N
February 10, 2000
Before HIGGINBOTHAM, DeMOSS, and STEWART, Circuit Judges.
PER CURIAM:*
Ulysses Joseph appeals from the judgment entered in favor of
the defendants on his § 1983 claims. We AFFIRM.
Jail officials conducted a "lockdown" after a fight at St.
John the Baptist jail, and prisoners threw food and debris into
hallways from their cells in protest. Joseph alleged that he was
beaten by the warden and sheriff's deputies after he admitted to
participating in the fight.
Joseph sued the deputies and warden under 42 U.S.C. § 1983,
alleging that he suffered severe injuries as a consequence of an
*
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this opinion should not be published and is not precedent except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.
excessive use of force and that he was denied medical treatment.
By written consent of the parties, the case was tried to a
magistrate judge without a jury.
Joseph did not brief the claim that he was denied medical
treatment. Claims are deemed abandoned if not argued on appeal.
See Davis v. Maggio,
706 F.2d 568, 571 (5th Cir. 1983). The only
claim before us is Joseph's excessive force claim.
Joseph testified at trial, and four other inmates testified by
telephone or video conference. The magistrate judge found the
inmates' testimony incredible because of their demeanor,
inconsistencies in their testimony about the length of the alleged
beating, and the nature of their version of events. The magistrate
judge also considered the felony convictions of the inmates as a
factor in weighing the credibility of their testimony. He
determined that during the lockdown, Joseph encouraged other
inmates to protest, that deputies removed him from his cell to
prevent his further inciting the inmates, that he resisted, and
that the deputies used the force necessary to subdue him. The
magistrate judge directed entry of judgment in favor of the
defendants.
Joseph argues that the magistrate judge erred in crediting the
defendants' testimony while discrediting the inmates' testimony.
Joseph maintains that the magistrate judge gave undue weight to the
inmates' felony convictions in weighing their credibility as
witnesses.
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We review the trial court's findings of fact for clear error.
See Hall v. National Gypsum Co.,
105 F.3d 225, 228 (5th Cir. 1997).
We do not find clear error in the magistrate judge's findings
of fact. Joseph's claim that the magistrate judge discredited the
inmates' testimony primarily or even solely on the basis of their
felony convictions is not supported by the record. The magistrate
judge heard extensive testimony about the incident from the inmates
and deputies. His Findings of Fact and Conclusions of Law shows
that he considered not only the witnesses' felony convictions but
also their demeanor, inconsistencies in their testimony and the
substance of their version of events. He also considered
photographic and medical evidence that showed Joseph's injuries to
be slight and not consistent with the severe beating described by
the inmates. The magistrate judge did not give undue weight to the
inmates' felony convictions in considering their testimony. A
felony conviction may be admissible to impeach a witness'
testimony. See Fed. R. Evid. 609. The magistrate judge was
entitled to consider the witnesses' felony convictions in assessing
their credibility.
AFFIRMED.
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