Kayser v. Caspari
Opinion of the Court
Thomas E. Kayser brought a 42 U.S.C. § 1983 claim alleging that prison officials Paul Caspari and Barbara Buescher
Section 1983 requires the plaintiff to allege that state actors violated his constitutional rights. Kayser claims that his Eighth Amendment rights were violated when the prison officials confiscated his egg-crate mattress, refused to assign him to a bottom bunk, and ignored his kidney stone ailment. The mattress and bunk allegations are frivolous.
The prison provided an escalating level of treatment for Kayser’s ailments over time. At no time did the prison ignore his allegations of pain or refuse him medical treatment. Kayser’s disagreement with the course of treatment provided to him is not sufficient basis for an Eighth Amendment violation. He has simply not alleged a serious medical need to which the prison officials were deliberately indifferent. See Estelle v. Gamble, 429 U.S. 97, 104, 97 S.Ct. 285, 291, 50 L.Ed.2d 251 (1976). Therefore his section 1983 claim must fail. Accordingly, we re
. Kayser dropped his claims against Myma Trickey, Dr. Benitez and Dr. Schoenen because he was unable to locate them for service of process. The district court dismissed Kayser’s claim against Judith Hudson. Thus, Caspari and Buescher are the only appellants in this case.
. The prison had a policy against egg-crate mattresses because these mattresses emit toxic fumes when ignited. After Kayser's mattress was confiscated, his medical records were reviewed by a physician who determined that an egg-crate mattress was not medically indicated. Instead the prison supplied him with an new mattress. We find no deliberate indifference in these actions.
Kayser also alleges that he was denied a lower bunk assignment despite a serious hip problem. However, the evidence reveals that Kayser occupied a lower bunk, making this claim frivolous.
Reference
- Full Case Name
- Thomas E. KAYSER v. Paul D. CASPARI, Superintendent, Missouri Eastern Correctional Center, Myrna Trickey, Zone Director, Missouri Department of Corrections, Eastern District Robert Schoenen, Chief Medical Officer, Missouri Eastern Correctional Center, Barbara Buescher, RN/Medical Health Supervisor, Missouri Eastern Correctional Center Judith Hudson, Medical Health Supervisor, Missouri Eastern Correctional Center Dr. Jose A. Benitez
- Cited By
- 31 cases
- Status
- Published