No. 22-30294.

99 F.4th 750 (2024)

Nicholas QUEEN, Plaintiff-Appellant, v. UNITED STATES of America; J. Lyons; S. Coggins; Unknown Defendants, Correctional Officer(s), Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

FILED April 24, 2024.

Attorney(s) appearing for the Case

Robert Eugene Day, III (argued), Montgomery McCracken Walker & Rhoads, L.L.P., Philadelphia, PA, for Plaintiff-Appellant.

Jennifer Bailey Frederick (argued), Assistant U.S. Attorney, U.S. Attorney's Office, Western District of Louisiana, Lafayette, LA, for Defendant-Appellee.

Before Jolly, Smith, and Haynes, Circuit Judges.

Nicholas Queen is a former federal prisoner. He sued the United States for assault under the Federal Tort Claims Act after prison officials physically restrained and beat him in January 2019. The district court dismissed Queen's claim, holding his injuries were de minimis and, therefore, not legally cognizable. Because...

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