Young v. Gray, 77-1493
| Decision Date | 30 September 1977 |
| Docket Number | No. 77-1493,77-1493 |
| Citation | 560 F.2d 201 |
| Parties | Calvin YOUNG, Plaintiff-Appellant, v. Ralph GRAY, Individually and as Medical Director, Texas Department of Corrections, Defendant-Appellee. Summary Calendar. * |
| Court | U.S. Court of Appeals — Fifth Circuit |
Calvin Young, pro se.
John L. Hill, Atty. Gen., David M. Kendall, Ben M. Harrison, Joe B. Dibrell, Jr., Asst. Attys. Gen., Austin, Tex., Art Keinarth, Asst. Atty. Gen., Huntsville, Tex., for defendant-appellee.
Appeal from the United States District Court for the Southern District of Texas.
Before GOLDBERG, CLARK and FAY, Circuit Judges.
Appellant Calvin Young is a Texas prisoner. In his handwritten, pro se complaint he alleged that he fell from a trailer and injured his head. He acknowledged that the prison medical authorities provided treatment for the resulting headaches but denied that their treatment was adequate. He asserted that the improper treatment violated the eighth and fourteenth amendments and that 42 U.S.C. § 1983 provided him a remedy. The district court dismissed the complaint. We affirm.
A prisoner does not state an eighth amendment claim by alleging "an inadvertent failure to provide adequate medical care". Estelle v. Gamble, 429 U.S. 97, 105, 97 S.Ct. 285, 292, 50 L.Ed.2d 251 (1976). Rather, "a prisoner must allege acts or omissions sufficiently harmful to evidence deliberate indifference to serious medical needs." Id. Appellant's allegations, less extensive than those found wanting in Gamble, fail to meet these standards. Here, as in Gamble, the bare allegation that the doctor should have undertaken additional diagnostic measures does not state an eighth amendment claim.
AFFIRMED.
To continue reading
Request your trial
-
Ruiz v. Estelle
...S.Ct. 259, 58 L.Ed.2d 244 (1978). 157 Estelle v. Gamble, 429 U.S. at 105-06, 97 S.Ct. at 292, 50 L.Ed.2d at 260-261; Young v. Gray, 560 F.2d 201 (5th Cir. 1977) (per curiam); see Williams v. Treen, 671 F.2d at 158 See Estelle v. Gamble, 429 U.S. at 105, 97 S.Ct. at 291, 50 L.Ed.2d at 260; W......
-
Means v. Durel, CIVIL NO. 6:15-0096
...Amendment. Gobert v. Caldwell, 463 F.3d 339, 347 (5th Cir. 2006); Stewart, 174 F.3d at 535; Norton, 122 F.3d at 292; Young v. Gray, 560 F.2d 201, 201 (5th Cir. 1977) ( an "allegation that the doctor should have undertaken additional diagnostic measures does not state an eighth amendment cla......
-
County of El Paso v. Dorado
...as a matter of law to state an Eighth Amendment violation. Norton v. Dimazana, 122 F.3d 286, 291 (5th Cir.1997); Young v. Gray, 560 F.2d 201, 201 (5th Cir.1977). Federal courts will not inquire into the adequacy or sufficiency of medical care of state inmates unless prison officials appear ......
-
Maria Aide Delgado Fed. Reg v. U.S. Marshal
...treatment does not state a claim under the Eighth Amendment. See Norton v. Dimazana, 122 F.3d 286, 292 (5th Cir.1997); Young v. Gray, 560 F.2d 201, 201 (5th Cir.1977) ( an "allegation that the doctor should have undertaken additional diagnostic measures does not state an eighth amendment cl......