Siglar v. Hightower, 112 F.3d 191 (5th Cir. 1997). · Go Syfert
Siglar v. Hightower, 112 F.3d 191 (5th Cir. 1997). Cases Citing This Book View Copy Cite
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cited 11× by 11 distinct cases, 2019–2026 · 5 courts→ Stable · …it is clear that verbal abuse by a prison guard does not give rise to a cause of action under 1983. at p. 193
cited 7× by 7 distinct cases, 2022–2025 · 3 courts→ Stable · …it is clear that verbal abuse by a prison guard does not give rise to a cause of action under 1983 at p. 193
791 citation events (612 in the last 25 years) across 54 distinct courts.
Strongest positive: Christian M. Cyr v. Department of Public Safety and Corrections, et al. (laed, 2026-02-23)
Treatment trajectory · 1996 → 2026 · click a year to view as-of
1996 2011 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Christian M. Cyr v. Department of Public Safety and Corrections, et al.
E.D. La. · 2026 · quote attribution · 1 verbatim quote · confidence high
it is clear that verbal abuse by a prison guard does not give rise to a cause of action under 1983.
discussed Cited as authority (verbatim quote) Brujac v. Sharp
M.D. La. · 2025 · quote attribution · 1 verbatim quote · confidence high
it is clear that verbal abuse by a prison guard does not give rise to a cause of action under 1983
discussed Cited as authority (verbatim quote) SMITH v. PENOBSCOT COUNTY JAIL
D. Me. · 2023 · quote attribution · 1 verbatim quote · confidence high
it is clear that verbal abuse by a prison guard does not give rise to a cause of action under 1983
discussed Cited as authority (verbatim quote) Washington v. Janow
N.D. Tex. · 2023 · quote attribution · 1 verbatim quote · confidence high
it is clear that verbal abuse by a prison guard does not give rise to a cause of action under 1983
discussed Cited as authority (verbatim quote) Strong v. Flowers
N.D. Tex. · 2023 · quote attribution · 1 verbatim quote · confidence high
it is clear that verbal abuse by a prison guard does not give rise to a cause of action under 1983
discussed Cited as authority (verbatim quote) ENGLESBOBB v. MAINE DEPARTMENT OF CORRECTIONS
D. Me. · 2023 · quote attribution · 1 verbatim quote · confidence high
it is clear that verbal abuse by a prison guard does not give rise to a cause of action under 1983
discussed Cited as authority (verbatim quote) Jackson v. Harris County Jail
S.D. Tex. · 2022 · quote attribution · 1 verbatim quote · confidence high
erbal abuse by a prison guard does not give rise to a cause of action under 1983.
discussed Cited as authority (verbatim quote) McGrath v. Trauth
S.D. Miss. · 2022 · quote attribution · 1 verbatim quote · confidence high
t is clear that verbal abuse by a prison guard does not give rise to a cause of action under 1983.
discussed Cited as authority (verbatim quote) Tyson v. County of Sabine
5th Cir. · 2022 · signal: see, e.g. · quote attribution · 1 verbatim quote · confidence high
it is clear that verbal abuse by a prison guard does not give rise to a cause of action under 1983.
discussed Cited as authority (verbatim quote) Tyson v. County of Sabine
5th Cir. · 2022 · signal: see, e.g. · quote attribution · 1 verbatim quote · confidence high
it is clear that verbal abuse by a prison guard does not give rise to a cause of action under 1983.
discussed Cited as authority (verbatim quote) VAN DAM v. ROWE
D. Me. · 2022 · quote attribution · 1 verbatim quote · confidence high
it is clear that verbal abuse by a prison guard does not give rise to a cause of action under 1983
discussed Cited as authority (verbatim quote) Cano v. Faust
S.D. Tex. · 2022 · quote attribution · 1 verbatim quote · confidence high
it is clear that verbal abuse by a prison guard does not give rise to a cause of action under 1983.
discussed Cited as authority (verbatim quote) SADEK v. OFFICER UNDERWOOD
D. Me. · 2022 · quote attribution · 1 verbatim quote · confidence high
it is clear that verbal abuse by a prison guard does not give rise to a cause of action under 1983
discussed Cited as authority (verbatim quote) Caldwell v. Ramirez (2×) also: Cited as authority (rule)
N.D. Tex. · 2022 · quote attribution · 1 verbatim quote · confidence high
it is clear that verbal abuse by a prison guard does not give rise to a cause of action under 1983.
discussed Cited as authority (verbatim quote) Olivares v. Hefner
N.D. Tex. · 2022 · quote attribution · 1 verbatim quote · confidence high
it is clear that verbal abuse by a prison guard does not give rise to a cause of action under 1983.
discussed Cited as authority (verbatim quote) Grasty v. Milburn
N.D. Tex. · 2022 · quote attribution · 1 verbatim quote · confidence high
it is clear that verbal abuse by a prison guard does not give rise to a cause of action under 1983.
discussed Cited as authority (verbatim quote) SOUCY v. SERGEANT THOMAS AVERILL
D. Me. · 2020 · signal: see also · quote attribution · 1 verbatim quote · confidence high
it is clear that verbal abuse by a prison guard does not give rise to a cause of action under 1983.
discussed Cited as authority (verbatim quote) HARRIS v. DRAKE (2×) also: Cited as authority (rule)
D. Me. · 2020 · signal: see also · quote attribution · 1 verbatim quote · confidence high
it is clear that verbal abuse by a prison guard does not give rise to a cause of action under 1983.
discussed Cited as authority (verbatim quote) DEVINE v. CUMBERLAND COUNTY JAIL
D. Me. · 2019 · signal: see also · quote attribution · 1 verbatim quote · confidence high
it is clear that verbal abuse by a prison guard does not give rise to a cause of action under 1983.
discussed Cited as authority (quoted) SOTO v. SEYMOUR
D. Me. · 2019 · signal: see also · quote attribution · 1 verbatim quote · confidence low
it is clear that verbal abuse by a prison guard does not give rise to a cause of action under 1983.
discussed Cited as authority (rule) Cory Vondra O’Bryant, Sr. v. John W. Williford, Jr.
S.D. Tex. · 2026 · confidence medium
“A complaint lacks an arguable basis in law if it is based on an indisputably meritless legal theory, such as if the complaint alleges the violation of a legal interest which clearly does not exist.” Siglar v. Hightower, 112 F.3d 191, 193 (Sth Cir. 1997) (citing Neitzke v. Williams,490 □□□□ 319, 327 (1989)).
discussed Cited as authority (rule) Derrick D. O’Bryant, Sr. v. Megan Coley
S.D. Tex. · 2026 · confidence medium
“A complaint lacks an arguable basis in law if it is based on an indisputably meritless legal theory, such as if the complaint alleges the violation of a legal interest which clearly does not exist.” Siglar v. Hightower, 112 F.3d 191, 193 (5th Cir. 1997) (citing Neitzke v. Williams, 490 U.S. 319, 327 (1989)).
discussed Cited as authority (rule) Charlie Lee Stewart, Sr. v. Randy Ream, et al.
S.D. Tex. · 2026 · confidence medium
“A complaint lacks an arguable basis in law if it is based on an indisputably meritless legal theory, such as if the complaint alleges the violation of a legal interest which clearly does not exist.” Siglar v. 4/9 Hightower, 112 F.3d 191, 193 (Sth Cir. 1997) (citing Neitzke v. Williams, 490 U.S. 319, 327 (1989)).
discussed Cited as authority (rule) Jaime Mendez Cuellar v. Eric Guerrero, et al.
S.D. Tex. · 2026 · confidence medium
“A complaint lacks an arguable basis in law if it is based on an indisputably meritless legal theory, such as if the complaint alleges the violation of a legal interest which clearly does not exist.” Siglar v. Hightower, 112 F.3d 191, 193 (Sth Cir. 1997) (citing Neitzke v. Williams, 490 U.S. 319, 327 (1989)).
cited Cited as authority (rule) Desmond Deondre Scarborough v. Rapides Parish Detention Center I et al.
W.D. La. · 2026 · confidence medium
“The ‘physical injury’ required by § 1997e(e) ‘must be more than [sic], but need not be significant.’” , 174 F.3d 716, 719 (5th Cir. 1999) (quoting , 112 F.3d 191, 193 (5th Cir. 1997)).
discussed Cited as authority (rule) Jerry Lee Thomas v. Hope Thomas, et al.
S.D. Tex. · 2026 · confidence medium
“A complaint lacks an arguable basis in 4/12 law if it is based on an indisputably meritless legal theory, such as if the complaint alleges the violation of a legal interest which clearly does not exist.” Siglar v. Hightower, 112 F.3d 191, 193 (Sth Cir. 1997) (citing Neitzke v. Williams, 490 U.S. 319, 327 (1989)).
discussed Cited as authority (rule) Dakota Ray Murray v. Donald Harper and Kentlee Harmon
E.D. Mo. · 2026 · confidence medium
The Eighth Circuit has held that this physical-injury requirement mandates “more than a de minimis physical injury.” McAdoo v. Martin, 899 F.3d 521, 525 (8th Cir. 2018); Smith v. Moody, No. 99-1427, 1999 WL 197228 , at *1 (8th Cir. Mar. 26, 1999) (citing Siglar v. Hightower, 112 F.3d 191, 193 (5th Cir. 1997) (affirming dismissal of de minimis physical-injury claim where plaintiff alleged “a sore, bruised ear lasting for three days.”)).
discussed Cited as authority (rule) Damien Rashad Moncrief v. Catahoula Correctional Center et al.
W.D. La. · 2026 · confidence medium
The physical injury required by § 1997e(e) must be more than , but need not be significant. , 174 F.3d 716, 719 (5th Cir. 1999) (quoting , 112 F.3d 191, 193 (5th Cir. 1997) (bruising and soreness for three days from guard twisting a prisoner’s arm and ear was de minimis and would not support a claim for mental or emotional suffering)).
discussed Cited as authority (rule) Markcus J. Aaron v. Hinds County
S.D. Miss. · 2025 · confidence medium
See Herman, 238 F.3d at 665 (“No adequate showing of physical injury has been made . . . which would permit recovery of either emotional or mental damages.”); Siglar v. Hightower, 112 F.3d 191, 193 (5th Cir. 1997) (finding inmate’s bruised ear did not qualify as sufficient physical injury under § 1997e(e)).
discussed Cited as authority (rule) Demetrus Tremaine Horton v. Nikita Harmon, et al.
S.D. Tex. · 2025 · confidence medium
“A complaint lacks an arguable basis in law if it is based on an indisputably meritless legal theory, such as if the complaint alleges the violation of a legal interest which clearly does not exist.” Siglar v. Hightower, 112 F.3d 191, 193 (5th Cir. 1997) (citing Neitzke v. Williams, 490 U.S. 319, 327 (1989)).
cited Cited as authority (rule) Lauren B. Peña v. Frank J. Bisignano
W.D. Tex. · 2025 · confidence medium
A complaint is frivolous if it “lacks an arguable basis either in law or in fact.” Neitzke v. Williams, 490 U.S. 319, 325 (1989); Siglar v. Hightower, 112 F.3d 191, 193 (5th Cir. 1997).
cited Cited as authority (rule) Chemise Ellis v. Judge Thomas Rogers
W.D. La. · 2025 · confidence medium
Nevertheless, her complaint may be dismissed as frivolous if it lacks an arguable basis in law or fact. 28 U.S.C. § 1915 (e)(2)(B)(i); Siglar v. Hightower, 112 F.3d 191, 193 (5th Cir. 1997).
discussed Cited as authority (rule) Lanie Drinion Thomisee v. Sheriff’s Office Calcasieu Parish, et al.
W.D. La. · 2025 · confidence medium
“The ‘physical injury’ required by § 1997e(e) ‘must be more than de minimus [sic], but need not be significant.’” Harper v. Showers, 174 F.3d 716, 719 (5th Cir. 1999) (quoting Siglar v. Hightower, 112 F.3d 191, 193 (5th Cir. 1997)).
cited Cited as authority (rule) Joseph Anthony Reyna v. Jane Nelson, in her official capacity as Texas Secretary of State
W.D. Tex. · 2025 · confidence medium
A complaint is frivolous, if it “lacks an arguable basis either in law or in fact.” Neitzke v. Williams, 490 U.S. 319, 325 , (1989); Siglar v. Hightower, 112 F.3d 191, 193 (5th Cir. 1997).
discussed Cited as authority (rule) Christopher Rick Montez v. Orlando L. Garcia, David A. Ezra, Xavier Rodriguez, Jason K. Pulliam, and Fred Biery
W.D. Tex. · 2025 · confidence medium
“A complaint lacks an arguable basis in law if it is based on an indisputably meritless legal theory, such as if the complaint alleges the violation of a legal interest which clearly does not exist.” Siglar v. Hightower, 112 F.3d 191, 193 (5th Cir. 1997) (citing Neitzke v. Williams, 490 U.S. 319, 327 (1989)).
cited Cited as authority (rule) Scott Phillip Lewis v. Ken Paxton, ET AL.
W.D. Tex. · 2025 · confidence medium
A complaint is frivolous if it “lacks an arguable basis either in law or in fact.” Neitzke v. Williams, 490 U.S. 319, 325 (1989); Siglar v. Hightower, 112 F.3d 191, 193 (5th Cir. 1997).
cited Cited as authority (rule) Roosevelt Augustin v. Cherokee Nation System Solutions
W.D. Tex. · 2025 · confidence medium
A complaint is frivolous if it “lacks an arguable basis either in law or in fact.” Neitzke v. Williams, 490 U.S. 319, 325 (1989); Siglar v. Hightower, 112 F.3d 191, 193 (5th Cir. 1997).
cited Cited as authority (rule) Joseph Anthony Reyna v. Twitch Interactive, Inc.
W.D. Tex. · 2025 · confidence medium
A complaint is frivolous if it “lacks an arguable basis either in law or in fact.” Neitzke v. Williams, 490 U.S. 319, 325 (1989); Siglar v. Hightower, 112 F.3d 191, 193 (5th Cir. 1997).
cited Cited as authority (rule) Monte Albert v. United States Department of the Army, ET AL.
W.D. Tex. · 2025 · confidence medium
A complaint is frivolous if it “lacks an arguable basis either in law or in fact.” Neitzke v. Williams, 490 U.S. 319, 325 (1989); Siglar v. Hightower, 112 F.3d 191, 193 (5th Cir. 1997).
cited Cited as authority (rule) Frederick Bernard Daniels v. Laz Parking
W.D. Tex. · 2025 · confidence medium
A complaint is frivolous, if it “lacks an arguable basis either in law or in fact.” Neitzke v. Williams, 490 U.S. 319, 325 , (1989); Siglar v. Hightower, 112 F.3d 191, 193 (5th Cir. 1997).
cited Cited as authority (rule) Antonio Lashun Nolan v. Officer Buchanan, Officer Zane Crittenden, Officer Luke Price, the Minden Police Department, and City Attorney Jimbo Yocom
W.D. La. · 2025 · confidence medium
Siglar v. Hightower, 112 F.3d 191, 193 (5th Cir. 1997); McFadden v. Lucas, 713 F.2d 143, 146 (5th Cir. 1983).
cited Cited as authority (rule) MARK THOMPSON v. SILVER SPRINGS APARTMENT
W.D. Tex. · 2025 · confidence medium
A complaint is frivolous, if it “lacks an arguable basis either in law or in fact.” Neitzke v. Williams, 490 U.S. 319, 325 , (1989); Siglar v. Hightower, 112 F.3d 191, 193 (5th Cir. 1997).
cited Cited as authority (rule) Veronica Loredo v. Jonestown Police Department, Officer Weinenger, Officer Hall
W.D. Tex. · 2025 · confidence medium
A complaint is frivolous, if it “lacks an arguable basis either in law or in fact.” Neitzke v. Williams, 490 U.S. 319, 325 , (1989); Siglar v. Hightower, 112 F.3d 191, 193 (5th Cir. 1997).
discussed Cited as authority (rule) Dyer v. Jones
S.D. Tex. · 2025 · confidence medium
“A complaint lacks an arguable basis in law if it is based on an indisputably meritless legal theory, such as if the complaint alleges the violation of a legal interest which clearly does not exist.” Siglar v. Hightower, 112 F.3d 191, 193 (Sth Cir. 1997) (citing Neitzke v. Williams, 490 US. 319, 327 (1989)).
cited Cited as authority (rule) Reyna v. Nelnet, Inc.
W.D. Tex. · 2025 · confidence medium
A complaint is frivolous if it “lacks an arguable basis either in law or in fact.” Neitzke v. Williams, 490 U.S. 319, 325 (1989); Siglar v. Hightower, 112 F.3d 191, 193 (5th Cir. 1997).
cited Cited as authority (rule) Lindsey v. Hensley
N.D. Ind. · 2025 · confidence medium
It is also true that “a de minimis physical injury does not satisfy the requirements of 42 U.S.C. § 1997e(e).” Id. (citing Siglar v. Hightower, 112 F.3d 191, 193 (5th Cir. 1997)).
cited Cited as authority (rule) Joseph Anthony Reyna v. Social Security Administration
W.D. Tex. · 2025 · confidence medium
A complaint is frivolous, if it “lacks an arguable basis either in law or in fact.” Neitzke v. Williams, 490 U.S. 319, 325 , (1989); Siglar v. Hightower, 112 F.3d 191, 193 (5th Cir. 1997).
cited Cited as authority (rule) Jose Contreras v. Lelan Larroque and Austin Police Department
W.D. Tex. · 2025 · confidence medium
A complaint is frivolous, if it “lacks an arguable basis either in law or in fact.” Neitzke v. Williams, 490 U.S. 319, 325 , (1989); Siglar v. Hightower, 112 F.3d 191, 193 (5th Cir. 1997).
cited Cited as authority (rule) Tripathi v. St. Edward's University
W.D. Tex. · 2025 · confidence medium
A complaint is frivolous if it “lacks an arguable basis either in law or in fact.” Neitzke v. Williams, 490 U.S. 319, 325 (1989); Siglar v. Hightower, 112 F.3d 191, 193 (5th Cir. 1997).
cited Cited as authority (rule) Thompson v. Goodwill Industries
W.D. Tex. · 2025 · confidence medium
A complaint is frivolous if it “lacks an arguable basis either in law or in fact.” Neitzke v. Williams, 490 U.S. 319, 325 (1989); Siglar v. Hightower, 112 F.3d 191, 193 (5th Cir. 1997).
Retrieving the full opinion text from the archive…
Siglar
v.
Hightower
96-11096.
Court of Appeals for the Fifth Circuit.
May 8, 1997.
112 F.3d 191
ROBERT M. PARKER, Circuit Judge:

Lee Andrew Siglar, II, Texas prisoner # 96054477 (“Siglar”), filed a civil rights action pursuant to 42 U.S.C. § 1983 against Warden Elvis C. Hightower (“Hightower”)' and Corrections Officers Ejike S. Nwose (“Nwose”), James L. Alexander (“Alexander”) and Melissa Whitehead (“Whitehead”).[*193] The district court dismissed Siglar’s complaint as frivolous under 28 U.S.C. § 1915(e)(2) and Siglar appealed.

FACTS

Siglar alleged the following facts in his complaint, in response to the court’s questionnaire and in a Spears [1] hearing. Siglar was stopped in the hall of his prison unit by Officer Whitehead while returning from breakfast. Whitehead directed Siglar to stand and face the wall while she searched him. A biscuit was found in his jacket pocket. Whitehead called for backup. Nwose responded to Whitehead’s call and verbally and physically abused Siglar during the incident. Without provocation, Nwose twisted Siglar’s arm behind his back and twisted Siglar’s ear. Siglar’s ear was bruised and sore for three days but he did not seek or receive medical treatment for any physical injury resulting from the incident. There is no allegation that he sustained long term damage to his ear. Whitehouse and Alexander witnessed the incident and did not intervene to protect Siglar from Nwose. High-tower was the Warden of the unit and Siglar contends that he was negligent in his supervision of Nwose and his handling of Siglar’s subsequent complaint against Nwose.

DISCUSSION

Siglar’s complaint, filed in forma pauperis (“IFP”) may be dismissed as frivolous if it lacks an arguable basis in law or fact. 28 U.S.C. § 1915(e)(2)(B)(i); Eason v. Thaler, 14 F.3d 8, 9 (5th Cir.1994). A complaint lacks an arguable basis in law if it is based on an indisputably meritless legal theory, such as if the complaint alleges the violation of a legal interest which clearly does not exist. Neitzke v. Williams, 490 U.S. 319, 327, 109 S.Ct. 1827, 1832-33, 104 L.Ed.2d 338 (1989). This court reviews a § 1915(e) dismissal for abuse of discretion. Graves v. Hampton, 1 F.3d 315, 317 (5th Cir.1993).

The district court held that Siglar’s claim is without an arguable basis in law. It is clear that verbal abuse by a prison guard does not give rise to a cause of action under § 1983. See Bender v. Brumley, 1 F.3d 271, 274 n. 4 (5th Cir.1993). The district court then determined that no qualifying physical injury resulted from the incident. The district court referenced a new statutory provision, 42 U.S.C. § 1997e(e), enacted as part of the Prison Litigation Reform Act, which provides:

Ño Federal civil action may be brought by a prisoner confined in a jail, prison or other correctional facility for mental or emotional injury suffered while in custody without a prior showing of physical injury.

The question for this court is whether Siglar’s bruised ear amounts to a “physical injury” that can serve as the basis for his excessive force or mental and emotional suffering claims. The Supreme Court has defined the parameters for Eighth Amendment claims arising out of injuries suffered by prisoners at the hands of prison guards: whether force was applied in good-faith effort to maintain or restore discipline, or maliciously and sadistically to cause harm. Hudson v. McMillian, 503 U.S. 1, 7, 112 S.Ct. 995, 999, 117 L.Ed.2d 156 (1992). The absence of serious injury, while relevant to the inquiry, does not preclude relief. Id. However, the Eighth Amendment’s prohibition of cruel and unusual punishment excludes from constitutional recognition de minimis uses of physical force, provided that the use of force is not of a sort “repugnant to the conscience of mankind.” Id. at 10, 112 S.Ct. at 1000.

In the absence of any definition of “physical injury” in the new statute, we hold that the well established Eighth Amendment standards guide our analysis in determining whether a prisoner has sustained the necessary physical injury to support a claim for mental or emotional suffering. That is, the injury must be more than de minimus, but need not be significant. See id.

We conclude that Siglar’s alleged injury — a sore, bruised ear lasting for three days — was de minimis. Siglar has not raised a valid Eighth Amendment claim for excessive use of force nor does he have the[*194] requisite physical injury to support a claim for emotional or mental suffering. We therefore hold that the district court did not abuse its discretion in ordering the dismissal of Siglar’s claims.

AFFIRMED.

1

. Spears v. McCotter, 766 F.2d 179 (5th Cir. 1985).