Filed: Aug. 16, 2005
Latest Update: Feb. 21, 2020
Summary: United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT August 16, 2005 Charles R. Fulbruge III Clerk No. 05-40080 Summary Calendar IAN DAVID SHEFFIELD, Plaintiff-Appellant, versus G. TWADDLE; Captain B. REESE; J. BAKER; R. TRINCI, Defendants-Appellees. - Appeal from the United States District Court for the Southern District of Texas USDC No. 3:04-CV-317 - Before SMITH, GARZA, and PRADO, Circuit Judges. PER CURIAM:* Ian David Sheffield,
Summary: United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT August 16, 2005 Charles R. Fulbruge III Clerk No. 05-40080 Summary Calendar IAN DAVID SHEFFIELD, Plaintiff-Appellant, versus G. TWADDLE; Captain B. REESE; J. BAKER; R. TRINCI, Defendants-Appellees. - Appeal from the United States District Court for the Southern District of Texas USDC No. 3:04-CV-317 - Before SMITH, GARZA, and PRADO, Circuit Judges. PER CURIAM:* Ian David Sheffield, T..
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United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT August 16, 2005
Charles R. Fulbruge III
Clerk
No. 05-40080
Summary Calendar
IAN DAVID SHEFFIELD,
Plaintiff-Appellant,
versus
G. TWADDLE; Captain B. REESE; J. BAKER; R. TRINCI,
Defendants-Appellees.
--------------------
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 3:04-CV-317
--------------------
Before SMITH, GARZA, and PRADO, Circuit Judges.
PER CURIAM:*
Ian David Sheffield, Texas prisoner # 1130389, appeals the
dismissal of his 42 U.S.C. § 1983 claim. The district court
correctly dismissed Sheffield’s Eighth Amendment claim, because
Sheffield failed to allege more than a de minimis injury, which
is necessary to support a claim of excessive force. See Siglar
v. Hightower,
112 F.3d 191, 193 (5th Cir. 1997); 28 U.S.C.
§ 1915(e)(2)(B)(ii). The district court also properly dismissed
Sheffield’s claim that his due process rights were violated
*
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this opinion should not be published and is not precedent except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.
No. 05-40080
-2-
during a disciplinary proceeding on the basis that such a claim
may not be brought pursuant to 42 U.S.C. § 1983. See Clarke v.
Stalder,
154 F.3d 186, 189 (5th Cir. 1998).
However, to the extent that Sheffield contends that he may
bring a First Amendment claim that the disciplinary proceeding
was brought in retaliation for his seeking to complain about
Officer Twaddle’s conduct, the dismissal was in error. See Woods
v. Smith,
60 F.3d 1161, 1164 (5th Cir. 1995). Sheffield’s
complaint sufficiently alleges facts that support a claim that
the filing of a disciplinary complaint against him was in
retaliation for his seeking to complain about Officer Twaddle’s
conduct. See
id. As we reverse the dismissal of the retaliation
claim, we likewise reverse the dismissal of the supplemental
state law claims. See 28 U.S.C. § 1367; City of Chicago v.
International College of Surgeons,
522 U.S. 156, 164-65 (1997).
Accordingly, we AFFIRM the dismissal of Sheffield’s Eighth
Amendment excessive force claim and his claims that the
procedures employed during the disciplinary hearing violated his
due process rights. We REVERSE the dismissal of his claim for
retaliation. Because we reverse the dismissal of the federal
retaliation claim, we likewise reverse the dismissal of the state
law claims. See Goodson v. City of Corpus Christi,
202 F.3d 730,
741 (5th Cir. 2000). We REMAND for further proceedings
consistent with this opinion.
AFFIRMED IN PART, REVERSED IN PART, REMANDED.