Filed: Jul. 17, 1996
Latest Update: Mar. 02, 2020
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 96-50142 USDC No. W-94-CV-354 JAMES TYRONE RIGGS, Plaintiff-Appellant, versus BRENT BUTTON, SHERIFF; HILL COUNTY, Defendants-Appellees. - - - - - - - - - - Appeal from the United States District Court for the Western District of Texas - - - - - - - - - - June 20, 1996 Before HIGGINBOTHAM, DUHE’ and EMILIO M. GARZA, Circuit Judges. PER CURIAM:* James Tyrone Riggs, #646177, seeks in forma pauperis (IFP) status to appeal the district c
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 96-50142 USDC No. W-94-CV-354 JAMES TYRONE RIGGS, Plaintiff-Appellant, versus BRENT BUTTON, SHERIFF; HILL COUNTY, Defendants-Appellees. - - - - - - - - - - Appeal from the United States District Court for the Western District of Texas - - - - - - - - - - June 20, 1996 Before HIGGINBOTHAM, DUHE’ and EMILIO M. GARZA, Circuit Judges. PER CURIAM:* James Tyrone Riggs, #646177, seeks in forma pauperis (IFP) status to appeal the district co..
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IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 96-50142
USDC No. W-94-CV-354
JAMES TYRONE RIGGS,
Plaintiff-Appellant,
versus
BRENT BUTTON, SHERIFF; HILL COUNTY,
Defendants-Appellees.
- - - - - - - - - -
Appeal from the United States District Court
for the Western District of Texas
- - - - - - - - - -
June 20, 1996
Before HIGGINBOTHAM, DUHE’ and EMILIO M. GARZA, Circuit Judges.
PER CURIAM:*
James Tyrone Riggs, #646177, seeks in forma pauperis (IFP)
status to appeal the district court’s dismissal of his 28 U.S.C.
§ 1983 complaint. Riggs does not present an issue of arguable
merit for appeal against Hill County because he failed to allege
any specific facts showing how Hill County was directly involved
in the alleged constitutional violation or that its policies
caused the violation. Riggs’ disagreement with the type of
*
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that this opinion should not be published and is not precedent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.
No. 96-50142
- 2 -
medical treatment he received for injuries he does not describe
as serious does not amount to a constitutional violation.
Because Riggs has not shown that Button disregarded a substantial
risk of serious harm, he failed to allege a constitutional
violation, and the district court did not abuse its discretion by
dismissing his complaint pursuant to § 1915(d). See Varnado v.
Lynaugh,
920 F.2d 320, 321 (5th Cir. 1991); Jackson v. Cain,
864
F.2d 1235, 1246 (5th Cir. 1989).
Having reviewed the record and the relevant law, we DENY the
motion for IFP because this appeal does not involve legal points
arguable on their merits. Jackson v. Dallas Police Dep't,
811
F.2d 260, 261 (5th Cir. 1986). Thus, the appeal is frivolous and
is DISMISSED. See Howard v. King,
707 F.2d 215, 219-20 (5th Cir.
1983); 5th Cir. R. 42.2.
Riggs appeal does not present "exceptional circumstances"
that would require the appointment of counsel to apeal the
dismissal of his civil rights suit. See Ulmer v. Chancellor,
691
F.2d 209, 212 (5th Cir. 1982). Riggs’ motion for appointment of
counsel to appeal the dismissal of his civil rights suit is
DENIED.
MOTION FOR LEAVE TO PROCEED IFP DENIED. APPEAL DISMISSED.
MOTION FOR APPOINTMENT OF COUNSEL DENIED.