Filed: Oct. 31, 2001
Latest Update: Mar. 02, 2020
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 01-30383 Conference Calendar WILLIE POGUE, Plaintiff-Appellant, versus BRIAN BELLO, Warden; LEO FONTENOT; WAYNE POUCHO, Defendants-Appellees. - Appeal from the United States District Court for the Middle District of Louisiana USDC No. 99-CV-681-C - October 25, 2001 Before WIENER, BENAVIDES, and DENNIS, Circuit Judges. PER CURIAM:* Willie Pogue, Louisiana inmate # 199791, appeals the district court’s summary judgment in favor of the
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 01-30383 Conference Calendar WILLIE POGUE, Plaintiff-Appellant, versus BRIAN BELLO, Warden; LEO FONTENOT; WAYNE POUCHO, Defendants-Appellees. - Appeal from the United States District Court for the Middle District of Louisiana USDC No. 99-CV-681-C - October 25, 2001 Before WIENER, BENAVIDES, and DENNIS, Circuit Judges. PER CURIAM:* Willie Pogue, Louisiana inmate # 199791, appeals the district court’s summary judgment in favor of the d..
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IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 01-30383
Conference Calendar
WILLIE POGUE,
Plaintiff-Appellant,
versus
BRIAN BELLO, Warden;
LEO FONTENOT; WAYNE POUCHO,
Defendants-Appellees.
--------------------
Appeal from the United States District Court
for the Middle District of Louisiana
USDC No. 99-CV-681-C
--------------------
October 25, 2001
Before WIENER, BENAVIDES, and DENNIS, Circuit Judges.
PER CURIAM:*
Willie Pogue, Louisiana inmate # 199791, appeals the
district court’s summary judgment in favor of the defendants and
dismissal of his 42 U.S.C. § 1983 complaint for damages. We
review the district court’s summary judgment de novo. See Deas
v. River West, L.P.,
152 F.3d 471, 475 (5th Cir. 1998).
Pogue argues that the district court erred in dismissing his
failure-to-protect claim because the defendants knew or should
have known of the substantial risk of harm posed by the Cuban
*
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that this opinion should not be published and is not precedent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. 01-30383
-2-
detainees. To establish a failure-to-protect claim, an inmate
must show that he was “incarcerated under conditions posing a
substantial risk of serious harm and that prison officials were
deliberately indifferent to his need for protection.” Neals v.
Norwood,
59 F.3d 530, 533 (5th Cir. 1995). A prison official
acts with deliberate indifference “only if he knows that inmates
face a substantial risk of serious harm and disregards that risk
by failing to take reasonable measures to abate it.” Farmer v.
Brennan,
511 U.S. 825, 847 (1994).
Pogue has not shown that there exists a genuine issue of
material fact regarding whether the defendants had the requisite
knowledge of a substantial risk of harm. He has presented no
evidence of their alleged awareness, and he has furthermore
denied that his attacker ever threatened him with bodily injury
prior to the alleged attack. His argument is therefore without
merit.
In his reply brief, Pogue argues for the first time in this
appeal that the defendants were deliberately indifferent to his
medical needs because they did not take him to the hospital after
the alleged stabbing. This court does not consider issues raised
for the first time in a reply brief, even where the appellant is
proceeding pro se. See Knighten v. Comm’r,
702 F.2d 59, 60 n.1
(5th Cir. 1983).
AFFIRMED.