De La Plata v. Revell
De La Plata v. Revell
Opinion
Johnny Marquez De La Plata, II, appeals the summary judgment in favor of the defendants in his 42 U.S.C. § 1983 complaint. In his complaint, De La Plata alleged that he received delayed or inadequate treatment for his hepatitis C.
De La Plata has failed to show a genuine issue for trial with regard to his claim that the defendants were deliberately indifferent to his serious medical needs. See Farmer v. Brennan, 511 U.S. 825, 847, 114 S.Ct. 1970, 128 L.Ed.2d 811 (1994). The summary-judgment evidence showed that De La Plata received medical care for his hepatitis C and any delay in being tested for hepatitis C and/or receiving treatment for his condition could be no more than negligence, which would not rise to the level of a constitutional violation. See Varnado v. Lynaugh, 920 F.2d 320, 321 (5th Cir. 1991). His disagreement with his medical treatment also does not establish a constitutional violation. Id. The judgment of the district court is affirmed.
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Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.