U.S. Court of Appeals for the Fifth Circuit, 2003

Hamilton v. Slaughter

Hamilton v. Slaughter
U.S. Court of Appeals for the Fifth Circuit · Decided February 19, 2003

Hamilton v. Slaughter

Opinion

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 02-41183 Conference Calendar

TROY HAMILTON, Plaintiff-Appellant, versus JAMES SLAUGHTER, PA, Defendant-Appellee.

-------------------- Appeal from the United States District Court for the Eastern District of Texas USDC No. 1:00-CV-888 -------------------- February 19, 2003 Before WIENER, EMILIO M. GARZA, and CLEMENT, Circuit Judges.

PER CURIAM:* Troy Hamilton, Texas prisoner #450170, appeals from the dismissal of his 42 U.S.C. § 1983 complaint as frivolous and for failure to state a claim. Hamilton contends on appeal that a physician’s assistant (PA) was deliberately indifferent to his broken wrist because the PA relied on an x-ray technician’s advice that the wrist was sprained instead of examining the x-ray himself.

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.

No. 02-41183 -2- Hamilton does not explain how a PA’s reliance on an x-ray technician’s reading of an x-ray poses a substantial risk of serious harm or that the PA disregarded such a risk. See Farmer v. Brennan, 511 U.S. 825, 847 (1994). The district court did not err by dismissing Hamilton’s complaint.

AFFIRMED.

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