Brown v. McMillin ( 2003 )

United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS May 20, 2003
FOR THE FIFTH CIRCUIT
Charles R. Fulbruge III
Clerk
No. 02-60504
Summary Calendar
RICHARD LEE BROWN
Plaintiff - Appellant
v.
MALCOLM E MCMILLIN, Sheriff, ET AL,
Defendants
MALCOLM E MCMILLIN, Sheriff, DOUG JONES; DENNIS MOULDER;
H. COOLEY; CASSEY DENNIS; JOHN DOES
Defendants - Appellees
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Appeal from the United States District Court
for the Southern District of Mississippi
USDC No. 3:01-CV-60-BN
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Before KING, Chief Judge, and SMITH and DENNIS, Circuit Judges.
PER CURIAM:*
Richard Lee Brown, Mississippi prisoner # K9690, appeals
from a judgment in favor of the defendants on his civil rights
claims. We affirm.
Brown’s allegations of cumulative error and coercive tactics
by the magistrate judge are not supported by the record.
*
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that this opinion should not be published and is not precedent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. 02-60504
-2-
Moreover, the magistrate judge did not abuse his discretion in
refusing to appoint counsel for Brown. See Castro Romero v.
Becken, 256 F.3d 349, 353-54 (5th Cir. 2001).
Review of the trial transcript and exhibits shows that the
magistrate judge did not clearly err in his determination that
Brown’s injuries were sustained from a motor vehicle accident
rather than the use of excessive force. See Baldwin v. Stalder,
137 F.3d 836, 839 (5th Cir. 1998). The record further reveals
that Brown failed to establish that the defendants acted with
deliberate indifference or punitive motive when he was placed on
suicide watch or that they were deliberately indifferent to his
medical needs. See Hare v. City of Corinth, 74 F.3d 633, 639
(5th Cir. 1996) (en banc).
Brown’s argument that the Hinds County Detention Center
employees and deputies were inadequately hired and trained is
conclusional and inadequately briefed. It is therefore not
considered. See Yohey v. Collins,985 F.2d 222, 224-25 (5th Cir.
1993).
AFFIRMED.