Summary
Prisoner civil rights claims under § 1983 for deliberate indifference to serious medical needs. Affirmed dismissal of unexhausted claims against all defendants except one, where the plaintiff failed to pursue grievances through the Texas prison system as required by 42 U.S.C. § 1997e(a). Summary judgment properly granted against the remaining defendant because the plaintiff's disagreement with a medical conclusion does not establish an Eighth Amendment violation.
Holdings
- The district court did not err because Parrish failed to exhaust administrative remedies as to all claims except the one against Deer.
- The district court did not err because Parrish's disagreement with Deer's medical conclusion does not support a claim of a constitutional violation.
Questions Presented
- Whether the district court erred in dismissing the claims against defendants other than Deer for failure to exhaust administrative remedies.
- Whether the district court erred in granting summary judgment to Deer on the deliberate indifference claim.
Disposition
affirmed
Cases Cited (13)
- Prospect Capital Corp. v. Mut. of Omaha Bank, 819 F.3d 754 (5th Cir. 2016)(cited)
- Hemphill v. State Farm Mut. Auto. Ins. Co., 805 F.3d 535 (5th Cir. 2015)(cited)
- Mississippi River Basin All. v. Westphal, 230 F.3d 170 (5th Cir. 2000)(cited)
- Johnson v. Johnson, 385 F.3d 503 (5th Cir. 2004)(cited)
- Jones v. Bock, 549 U.S. 199 (2007)(cited)
- Easter v. Powell, 467 F.3d 459 (5th Cir. 2006)(cited)
- Wilson v. Seiter, 501 U.S. 294 (1991)(cited)
- Banuelos v. McFarland, 41 F.3d 232 (5th Cir. 1995)(cited)
- Mendoza v. Lynaugh, 989 F.2d 191 (5th Cir. 1993)(cited)
- Farmer v. Brennan, 511 U.S. 825 (1994)(cited)
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Cited In (0)
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Court Document
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