Like the plaintiff in
Riley, Taylor's medical records do not support the injuries he purports to have received after he allegedly relinquished the identification card. According to Bryant's affidavit, Defendants jabbed a kubaton into Taylor's nose and mouth about eight to ten times after Taylor relinquished the identification card. According to Taylor's medical records, however, doctors found “no
injuries” to his nose. (J.A. at 108.) Similarly, the injuries to Taylor's mouth were either nonexistent or clearly
de minimis. For example, there is absolutely no evidence in the medical records that Defendants
cracked Taylor's tooth when they forced the kubaton into his mouth. Rather, emergency room personnel described Taylor as having slight swelling in the jaw area, and some irritation of the mucous membranes of the mouth. Under the standard set forth in
Riley, these injuries are clearly
de minimis. Indeed, temporary swelling and irritation is precisely the type of injury this Court considers
de minimis. See, e.g., Norman, 25 F.3d at 1263–64 (holding that a swollen thumb was
de minimis ). In any event, the slight swelling in Taylor's jaw and the irritation of the mucous membranes on one side of his mouth is entirely consistent with the force that was necessary to retrieve the license from his mouth. In sum, Taylor failed to create a genuine issue of material fact regarding any more than
de minimis injury resulting from the alleged use of force on the part of Defendants after he relinquished the identification card.