The following excerpt is from Hayes v. Marshall, 48 F.3d 1228 (9th Cir. 1995):
The district court specifically found that the "de minimis" injuries appellants may have suffered were insufficient to violate the Eighth Amendment. See Wilson v. Seiter, 501 U.S. 294, 298 (1991) (Constitution does not mandate comfortable prisons). This finding is supported by the record. Thus, the district court did not abuse its discretion in dismissing appellants' claim as frivolous. See Neitzke, 490 U.S. at 324.
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