Reynaldo Huguet v. James Barnett and J. Horton

GARZA, Circuit Judge:

Guided by the Supreme Court’s decision in Graham v. Conner, — U.S. -, 109 S.Ct. 1865, 104 L.Ed.2d 443 (1989) and this Court’s decision in Johnson v. Morel, 876 F.2d 477 (5th Cir.) (en banc), we hold that the district court properly dismissed Huguet’s Section 1983 claim.

I. The Facts.

This case arises out of a scuffle which took place between Appellant, an inmate at the Texas Department of Corrections (“TDC”), and Appellees, two TDC officers. Reynaldo Huguet filed a civil rights suit, proceeding pro se and in forma pauperis, complaining of excessive use of force.

Huguet filed…