U.S. Court of Appeals for the Fifth Circuit, 2006

Perry v. Stanley

Perry v. Stanley
U.S. Court of Appeals for the Fifth Circuit · Decided January 20, 2006 · Higginbotham, Benavides, Dennis
161 F. App'x 437

Perry v. Stanley

Opinion

PER CURIAM: *

In this action brought under 42 U.S.C. § 1983, Gerald Perry, Texas prisoner # 644896, appeals summary judgment in favor of the defendants. Perry contends that the defendants violated his Eighth Amendment rights by delaying treatment of his hand, which he broke in a fight.

Unsuccessful medical treatment, acts of negligence, medical malpractice, or a prisoner’s disagreement with prison officials regarding medical treatment are insufficient to establish an unconstitutional denial of medical care. Norton v. Dimazana, 122 F.3d 286, 292 (5th Cir. 1997). The uncontested summary judgment evidence shows that Perry received extensive care for his injury. Perry’s allegations, arguments, and summary-judgment evidence point only to a difference of opinion as to the proper course of treatment. Perry has failed to show there is any genuine issue of fact material to whether any person acted with deliberate indifference to his health problem. The judgment of the district court is

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Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

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