Mayweather v. Foti

• Court: Court of Appeals for the Fifth Circuit
• Decided: May 20, 1992
• Docket: 91-3650
• Status: Published

Opinion

United States Court of Appeals,

Fifth Circuit.

No. 91–3650

Summary Calendar.

Roger MAYWEATHER, Plaintiff–Appellant,

v.

Charles C. FOTI, Jr., et al., Defendants–Appellees.

April 10, 1992.

Appeal from the United States District Court for the Eastern District of Louisiana.

Before JONES, DUHÉ, and WIENER, Circuit Judges.

EDITH H. JONES, Circuit Judge:

Appellant Mayweather challenges the district court's

dismissal with prejudice, following a trial to the magistrate, of

his complaint for constitutionally inadequate medical care while in

the Orleans Parish prison. To the extent that treatment for his

back injury occurred while he was a pretrial detainee, he was

entitled to "reasonable medical care," Cupit v. Jones, 835 F.2d 82,

85 (5th Cir.1987); after conviction, his claim for inadequate

medical care would succeed only if he proved that the denial of

care constituted "deliberate indifference to serious medical

needs." Estelle v. Gamble, 429 U.S. 97, 104, 97 S.Ct. 285, 291, 50

L.Ed.2d 251 (1976).

Contrary to Mayweather's complaints, the record shows that he

received continuous treatment for his back injury despite his

incarceration. The treatment may not have been the best that money

could buy, and occasionally, a dose of medication may have been forgotten, but these deficiencies were minimal, they do not show an

unreasonable standard of care, and they fall far short of

establishing deliberate indifference by the prison authorities.

Continuing back pain is unpleasant. Its existence does not,

however, in and of itself demonstrate that a constitutional

violation occurred.

The judgment of the district court is AFFIRMED.