District Court, E.D. Texas January 13, 1995, Civ. A. 1:92cv414 (Warren v. Humphrey)

FINDINGS OF FACT AND CONCLUSIONS OF LAW

HINES, United States Magistrate Judge.

Plaintiff makes five separate claims of excessive force in violation of the Eighth Amendment. First, plaintiff alleges Sgt. Martin Smith kicked him in the head on April 13,1992. Second, plaintiff asserts Officer Donald Harmon attacked him without provocation on May 25,1992.