Filed: Oct. 21, 2004
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 October 21, 2004 Charles R. Fulbruge III Clerk No. 04-30196 Summary Calendar CHUCK LOUIS JARRELL, Plaintiff-Appellant, versus JOHN SEAL, Deputy; EIESHA LEE, Deputy; AUBREY JONES, Sheriff, Defendants-Appellees. Appeal from the United States District Court for the Eastern District of Louisiana USDC No. 03-CV-2737-S Before JONES, BARKSDALE, and PRADO, Circuit Judges. PER CURIAM:* Chuck
Summary: United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT October 21, 2004 Charles R. Fulbruge III Clerk No. 04-30196 Summary Calendar CHUCK LOUIS JARRELL, Plaintiff-Appellant, versus JOHN SEAL, Deputy; EIESHA LEE, Deputy; AUBREY JONES, Sheriff, Defendants-Appellees. Appeal from the United States District Court for the Eastern District of Louisiana USDC No. 03-CV-2737-S Before JONES, BARKSDALE, and PRADO, Circuit Judges. PER CURIAM:* Chuck ..
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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 October 21, 2004
Charles R. Fulbruge III
Clerk
No. 04-30196
Summary Calendar
CHUCK LOUIS JARRELL,
Plaintiff-Appellant,
versus
JOHN SEAL, Deputy; EIESHA LEE, Deputy; AUBREY JONES, Sheriff,
Defendants-Appellees.
Appeal from the United States District Court
for the Eastern District of Louisiana
USDC No. 03-CV-2737-S
Before JONES, BARKSDALE, and PRADO, Circuit Judges.
PER CURIAM:*
Chuck Louis Jarrell, Louisiana prisoner no. 122727,
appeals the summary judgment dismissing his claims brought under
42 U.S.C. § 1983. Jarrell sought monetary damages based on allega-
tions that, while a pretrial detainee, he urinated on himself in
court because no defendant would escort him to a restroom.
“Summary judgment is reviewed de novo, under the same
standards the district court applies to determine whether summary
judgment is appropriate.” Amburgey v. Corhart Refractories Corp.,
*
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opinion should not be published and is not precedent except under the limited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.
936 F.2d 805, 809 (5th Cir. 1991); FED. R. CIV. P. 56(c)). The
magistrate judge, trying the case by consent, correctly determined
that Jarrell failed to present summary judgment evidence to show
either “deliberate indifference” on the part of any defendant or
that he suffered any physical injury that was not de minimis. See
Farmer v. Brennan,
511 U.S. 825, 837 (1994); Hare v. City of
Corinth,
74 F.3d 633, 639 (5th Cir. 1996) (en banc) (pretrial
detainees, like convicted prisoners, must show deliberate
indifference); see also 42 U.S.C. § 1997e(e); Alexander v. Tippah
County, Miss.,
351 F.3d 626, 628-29, 631 (5th Cir. 2003), cert.
denied,
124 S. Ct. 2071 (2004). The judgment is AFFIRMED.
Jarrell moves for appointment of counsel. The motion is
DENIED.
JUDGMENT AFFIRMED; MOTION DENIED.
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