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WISNIEWSKI v. KENNARD

No. 89-1562.

901 F.2d 1276 (1990)

Michael F. WISNIEWSKI, Plaintiff-Appellant, v. Johnny KENNARD, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

May 29, 1990.

Attorney(s) appearing for the Case

Robert Clary, Johnson, Bromberg & Leeds, Dallas, Tex. (court appointed), for plaintiff-appellant.

Peter L. Harlan, Asst. Dist. Atty., John Vance, Dist. Atty., Dallas, Tex., for defendants-appellees.

Before GOLDBERG, REAVLEY and HIGGINBOTHAM Circuit Judges.

PER CURIAM:

This is an appeal from a grant of summary judgment in a damages suit filed by a state prisoner under 42 U.S.C. § 1983 against a deputy sheriff and the Dallas County Sheriff's Office. Wisniewski claims that upon his apprehension following an escape, the deputy sheriff handcuffed him, then placed his revolver in Wisniewski's mouth, threatened to blow his head off, and twice punched him in the stomach. He argues that as a result he was frightened and...

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