GARDNER v. CATO

No. 87-5559 Summary Calendar.

841 F.2d 105 (1988)

Kenneth Raymond GARDNER, Plaintiff-Appellant, v. William CATO, Melvin Harborth, and Guadalupe County Jail, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

March 8, 1988.


Attorney(s) appearing for the Case

Kenneth Raymond Gardner, pro se.

W. Wendell Hall, Fulbright & Jaworski, San Antonio, Tex., for defendants-appellees.

Before POLITZ, JOHNSON, and HIGGINBOTHAM, Circuit Judges.


POLITZ, Circuit Judge:

The district court dismissed the 42 U.S.C. § 1983 complaint of Kenneth Raymond Gardner as frivolous under 28 U.S.C. § 1915(d). We affirm.

Facts

A few minutes after midnight, January 10, 1985, Gardner's cellmate, without notice or warning threw a dark liquid in Gardner's face. Gardner experienced a burning sensation in his left eye. He flushed his eye with water and called a guard. Deputy William Cato responded...

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