Gordon v. Shrf Off Med Dept ( 2007 )

United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT April 17, 2007
Charles R. Fulbruge III
Clerk
No. 06-30593
Conference Calendar
DEVILLE JOSEPH GORDON,
Plaintiff-Appellee,
versus
DEPUTY STEVEN FONTENOT, Deputy Jailer St. Charles Parish Prison,
Defendant-Appellant.
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Appeal from the United States District Court
for the Eastern District of Louisiana
USDC No. 2:04-CV-2992
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Before HIGGINBOTHAM, BENAVIDES, and PRADO, Circuit Judges.
PER CURIAM:*
Stephen Fontenot, a St. Charles Parish Sheriff’s Deputy,
appeals a judgment awarding Deville Joseph Gordon, Louisiana
prisoner # 133111, $3750 in compensatory damages based on a
magistrate judge’s determination** that Deputy Fontenot used
excessive force against Gordon in violation of the Eighth
Amendment.
*
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this opinion should not be published and is not precedent except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.
**
The parties agreed to proceed before a magistrate judge
pursuant to 28 U.S.C. § 636(c).
No. 06-30593
-2-
Our review of the evidence shows that the finding that
Deputy Fontenot used excessive force was not clearly erroneous.
See Baldwin v. Stalder, 137 F.3d 836, 839 (5th Cir. 1998).
Nor was the award of compensatory damages clearly erroneous.
See Sockwell v. Phelps, 20 F.3d 187, 192 (5th Cir. 1994).
AFFIRMED.