Jonica Phillips v. Tim Keith, et al

Filing

UNPUBLISHED OPINION FILED. [16-30974 Affirmed ] Judge: JES , Judge: FPB , Judge: JEG Mandate pull date is 09/12/2017 [16-30974]

Case: 16-30974

Document: 00514125957

Page: 1

Date Filed: 08/22/2017

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 16-30974
Summary Calendar

United States Court of Appeals
Fif h Circuit

FILED
August 22, 2017
Lyle W. Cayce
Clerk

JONICA HAAMID PHILLIPS,
Plaintiff-Appellant
v.

TIM KEITH; VIRGIL LUCAS; TOMMY GLOVER; PAMELA HORN;
CORRECTIONS CORPORATION OF AMERICA; WINNFIELD
CORRECTIONAL INSTITUTION,
Defendants-Appellees
Appeal from the United States District Court
for the Western District of Louisiana
USDC No. 1:13-CV-2516
Before SMITH, BENAVIDES, and GRAVES, Circuit Judges.
PER CURIAM: *
Jonica Haamid Phillips, Louisiana prisoner # 429550, appeals the
summary judgment dismissal of his 42 U.S.C. § 1983 complaint against
Pamela Horn. He alleged that Horn failed to protect him from an assault by
another prisoner.

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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 16-30974

Document: 00514125957

Page: 2

Date Filed: 08/22/2017

No. 16-30974
The district court did not err in granting Horn’s motion for summary
judgment. See Hyatt v. Thomas, 843 F.3d 172, 176 (5th Cir. 2016); FED. R. CIV.
P. 56(a).

The summary judgment record did not demonstrate a strong

likelihood that Phillips was in danger of physical harm and was therefore
insufficient as a matter of law to support a finding that Horn was deliberately
indifferent. See Carnaby v. City of Houston, 636 F.3d 183, 187 (5th Cir. 2011);
Grissom v. Patterson, Nos. 91-7137, 92-7244, 1993 WL 560256, 3 (5th Cir. Dec.
27, 1993) (unpublished but precedential under 5TH CIR. R. 47.5.3).
The judgment of the district court is AFFIRMED.

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