Schneider argues that his medical records from the state prison system would show a diagnosis of a back injury. To the extent Schneider might have wanted the county jail defendants to obtain his state prison medical records, defense counsel likely is correct that the defendants could not obtain them for him. Moreover, not “every malevolent touch by a prison guard gives rise to a federal cause of action.”
Hudson, 503 U.S. at 9, 112 S.Ct. 995. The justifiable, proportionate use of force depicted in the video was not rendered excessive solely because it might have exacerbated a preexisting condition.
See Dunn v. Denk, 79 F.3d 401, 403 (5th Cir.1996) (en banc) (noting that no recovery is available when a use of force is reasonable, though a plaintiff may recover when a preexisting condition is aggravated by the use of excessive force). To the extent Schneider sought to show that his preexisting back condition was made worse, he could not have presented a genuine issue of material fact, and the magistrate judge need not have waited for Schneider's prison medical records before granting summary judgment.
See Beattie, 254 F.3d at 606. The district court denied Schneider's request to rely on a prison medical record when it denied his Rule 59(e) motion. That denial was not an abuse of discretion.
See Ross v. Marshall, 426 F.3d 745, 763 (5th Cir.2005).