Gordon v. Shrf Off Med Dept, No. 06-30593 (5th Cir. 2007)

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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 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. -------------------Appeal from the United States District Court for the Eastern District of Louisiana USDC No. 2:04-CV-2992 -------------------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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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 -2Our 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.

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