                 UNITED STATES COURT OF APPEALS

                         FOR THE FIFTH CIRCUIT


                          __________________

                             No. 95-60665
                           Summary Calendar
                          __________________



     ALBERT JAMES WATTS,

                                         Plaintiff-Appellant,

                                versus

     BILLY RAY EVANS,

                                         Defendant-Appellee.

         ______________________________________________

      Appeal from the United States District Court for the
                Southern District of Mississippi
                         (4:95-CV-14LN)
         ______________________________________________

                          April 11, 1996
Before SMITH, BENAVIDES, and DENNIS, Circuit Judges.

PER CURIAM:*

     Albert James Watts, a Mississippi state prisoner, appeals the

district court's grant of summary judgment in favor of Sheriff

Evans in this civil rights suit in which Watts alleged an Eighth

Amendment excessive force claim.    42 U.S.C. § 1983.   We affirm for

the following reasons.

     Watts failed to rebut with any competent summary judgment

proof Evans' showing that there was no material issue of fact


*
 Pursuant to Local Rule 47.5, the court has determined that this
opinion should not be published and is not precedent except under
the limited circumstances set forth in Local Rule 47.5.4.
regarding Watts' having "some injury."   See Rankin v. Klevenhagen,

5 F.3d 103, 108 (5th Cir. 1993).       Further, we do not consider

Watts' claim that he suffers emotional problems because he raises

it for the first time on appeal.   Varnado v. Lynaugh, 920 F.2d 320,

321 (5th Cir. 1991).

AFFIRMED.




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