
    Elie Joseph MOURAD, Plaintiff-Appellant, v. L.E. FLEMING, Federal Medical Center-Fort Worth, Individual and Official Capacity; NFN Berkebile, Assistant Warden, Federal Medical Center-Fort Worth, Individual and Official Capacity; NFN Elmer, Captain, Federal Medical Center-Fort Worth, Individual and Official Capacity; NFN Roberts, SIS-Investigator, Federal Medical Center-Forth Worth, Individual and Official Capacity; NFN Gentry, Lieutenant, Federal Medical Center-Fort Worth, Individual and Official Capacity; NFN Shingles, Unit Manager, Federal Medical Center-Fort Worth, Individual and Official Capacity; Jill Jacobson, Case Manager; Dan McCauley, Unit Manager, Defendants-Appellees.
    No. 04-11195
    Summary Calendar.
    United States Court of Appeals, Fifth Circuit.
    Decided May 15, 2006.
    Elie Joseph Mourad, Big Spring, TX, pro se.
    Tami C. Parker, U.S. Attorney’s Office Northern District of Texas, Fort Worth, TX, for Defendants-Appellees.
    Before BARKSDALE, STEWART, and CLEMENT, Circuit Judges.
   PER CURIAM:

Elie Joseph Mourad, federal prisoner # 17025-083, appeals the 28 U.S.C. § 1915A(b)(l) dismissal of his Eighth Amendment failure to protect claims and the summary judgment dismissal of his First Amendment retaliation claims raised in the instant Bivens suit. Affording both issues de novo review, we affirm. See Ruiz v. United States, 160 F.3d 273, 275 (5th Cir.1998); Skotak v. Tenneco Resins, Inc., 953 F.2d 909, 912 (5th Cir.1992).

Mourad failed to state an Eighth Amendment claim for compensatory damages arising from an alleged failure to protect him from both inmate sexual assault and inmate retaliation because he did not allege a physical injury. Jones v. Greninger, 188 F.3d 322, 326 (5th Cir. 1999). Assuming without deciding that Mourad might be entitled to nominal or punitive damages arising from an alleged Eighth Amendment violation despite suffering only emotional injury, he has nevertheless failed to allege facts that the defendants knew of and disregarded an excessive risk to his safety and has therefore failed to state an Eighth Amendment claim that would warrant any monetary damage award. See Farmer v. Brennan, 511 U.S. 825, 837, 114 S.Ct. 1970, 128 L.Ed.2d 811 (1994).

With regard to the district court’s qualified immunity determination, Mourad has failed to allege and show facts to support every element of his First Amendment claim that he was placed in administrative detention and transferred to a different penal institution in retaliation for exercising his right of access to the courts. See Martinez v. Texas Dep’t Criminal Justice, 300 F.3d 567, 576-77 (5th Cir.2002); Jones, 188 F.3d at 324-25. He has therefore failed to show a violation of a clearly established constitutional right necessary to overcome the qualified immunity defense. See Martinez, 300 F.3d at 577.

Finally, Mourad re-urges the First and Eighth Amendment claims that were raised for the first time in his Fed.R.Civ.P. 60(b) motion, which the district court held were not properly before it and should be raised in a new federal suit. Mourad does not assign error to that determination. Consequently, these claims are not properly before us. Mourad’s failure to brief on appeal the remainder of the constitutional and state law issues raised in the district court renders them waived. See Yohey v. Collins, 985 F.2d 222, 224-25 (5th Cir. 1993).

AFFIRMED. 
      
       Pursuant to 5th Cir. R. 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 5th Cir. R. 47.5.4.
     
      
      
        Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics, 403 U.S. 388, 91 S.Ct. 1999, 29 L.Ed.2d 619 (1971).
     