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Carson Green v. Lasalle Corporation ( 2019 )


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  •      Case: 19-30020      Document: 00515212303         Page: 1    Date Filed: 11/25/2019
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit
No. 19-30020
FILED
November 25, 2019
Summary Calendar
Lyle W. Cayce
Clerk
CARSON GREEN,
Plaintiff-Appellant,
v.
LASALLE CORPORATION; JAMES KEITH DEVILLE; BILLY TIGNER;
JODY FLOYD; KEVIN JORDAN; GARY COLEMAN; CAPTAIN TOLBERT;
CAPTAIN HOWARD; CAPTAIN CURRY,
Defendants-Appellees.
Appeal from the United States District Court
for the Western District of Louisiana
USDC No. 1:18-CV-399
Before KING, GRAVES, and WILLETT, Circuit Judges.
PER CURIAM: *
Carson Green, Louisiana prisoner # 513301, filed a 42 U.S.C. § 1983 civil
rights complaint alleging that, after he was attacked by other prisoners, prison
officials failed to protect him because he was subsequently housed in the same
unit as some of his attackers. After Green had an opportunity to amend his
complaint, the district court dismissed it pursuant to 28 U.S.C. § 1915A(b) and
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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.
Case: 19-30020    Document: 00515212303     Page: 2   Date Filed: 11/25/2019
No. 19-30020
28 U.S.C. § 1915(e)(2)(B) for failure to state a claim, concluding that Green did
not allege that he had suffered any physical injury resulting from any
defendants’ alleged deliberate indifference. Green appeals that decision and
requests appointment of counsel on appeal.
Applying de novo review, see Legate v. Livingston,
    822 F.3d 207
    , 209-10
(5th Cir. 2016), we affirm. Green does not demonstrate any error in the district
court’s determination that he failed to state an Eighth Amendment claim based
on a failure to protect. See Farmer v. Brennan,
    511 U.S. 825
    , 837-38 (1994);
Jones v. Greninger,
    188 F.3d 322
    , 326 (5th Cir. 1999). Green’s motion for
appointment of counsel is denied because he has not shown that this case
presents exceptional circumstances. See Cooper v. Sheriff, Lubbock Cty., Tex.,
    929 F.2d 1078
    , 1084 (5th Cir. 1991).
AFFIRMED; MOTION DENIED.
2