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SIKES v. GAYTAN

No. 99-50316.

218 F.3d 491 (2000)

Robert D. SIKES, Plaintiff-Appellee-Cross-Appellant, v. Juan F. GAYTAN, Individually and in his Official Capacity as a Guard, Defendant-Appellant-Cross-Appellee.

United States Court of Appeals, Fifth Circuit.

July 25, 2000.

Attorney(s) appearing for the Case

Per A. Hardy (argued), San Antonio, TX, Daniel E. Whitney (argued), Schertz, TX, for Sikes.

Anthony Gerard Brocato, Jr (argued), Austin, TX, for Gaytan.

Before REYNALDO G. GARZA, JOLLY and HIGGINBOTHAM, Circuit Judges.

E. GRADY JOLLY, Circuit Judge:

In this section 1983 appeal, Robert Sikes, a Texas prisoner, claims that Juan Gaytan, a Texas prison guard, used excessive force against him and thereby violated his Eighth Amendment rights to be free of cruel and unusual punishment. Sikes proved to a jury that on August 22, 1995, he was severely beaten by the defendant, a sergeant at the Connally Unit. Specifically, Sikes presented evidence that, following his altercation with a prison...

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