Filed: Dec. 26, 2000
Latest Update: Mar. 02, 2020
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 00-20143 Summary Calendar EDWARD GUZMAN, Plaintiff-Appellant, versus G. W. SMITH; B. ROGEEN; C.R. ELLINGSBURG; JANE DOE, Doctor; JOHN DOE, doctor; JANE DOE, Grievance Coordinator; JOHN DOE, Grievance Coordinator, Defendants-Appellees. - Appeal from the United States District Court for the Southern District of Texas USDC No. H-98-CV-3047 - December 22, 2000 Before SMITH, BENAVIDES, and DENNIS, Circuit Judges. PER CURIAM:* Edward Guzm
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 00-20143 Summary Calendar EDWARD GUZMAN, Plaintiff-Appellant, versus G. W. SMITH; B. ROGEEN; C.R. ELLINGSBURG; JANE DOE, Doctor; JOHN DOE, doctor; JANE DOE, Grievance Coordinator; JOHN DOE, Grievance Coordinator, Defendants-Appellees. - Appeal from the United States District Court for the Southern District of Texas USDC No. H-98-CV-3047 - December 22, 2000 Before SMITH, BENAVIDES, and DENNIS, Circuit Judges. PER CURIAM:* Edward Guzma..
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IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 00-20143
Summary Calendar
EDWARD GUZMAN,
Plaintiff-Appellant,
versus
G. W. SMITH; B. ROGEEN; C.R. ELLINGSBURG; JANE DOE, Doctor;
JOHN DOE, doctor; JANE DOE, Grievance Coordinator; JOHN DOE,
Grievance Coordinator,
Defendants-Appellees.
--------------------
Appeal from the United States District Court
for the Southern District of Texas
USDC No. H-98-CV-3047
--------------------
December 22, 2000
Before SMITH, BENAVIDES, and DENNIS, Circuit Judges.
PER CURIAM:*
Edward Guzman, Texas prisoner # 538210, appeals the district
court’s dismissal of his 42 U.S.C. § 1983 complaint as frivolous.
Guzman argues that prison officials acted with deliberate
indifference to a serious medical need when they made him work on
the hoe squad, which aggravated Guzman’s injuries to his wrist,
arm, and knee. He also argues that the prison doctors acted with
deliberate indifference when they refused to place restrictions
on his work assignment to prevent him from having to work on the
*
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that this opinion should not be published and is not precedent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.
No. 00-20143
-2-
hoe squad. Guzman additionally contends that prison officials
retaliated against him for having filed grievances.
A review of the record reveals that the prison officers did
not act with deliberate indifference to a serious medical need by
assigning Guzman to the hoe squad and that the prison doctors did
not acted with deliberate indifference for not placing
restrictions on Guzman’s work classification. See Jackson v.
Cain,
864 F.2d 1235, 1246-47 (5th Cir. 1989); Reeves v. Collins,
27 F.3d 174, 176-77 (5th Cir. 1994). The record further reveals
that Guzman’s retaliation claim was conclusional and insufficient
to establish a viable claim for 42 U.S.C. § 1983 relief. See
Whittington v. Lynaugh,
842 F.2d 818, 820 (5th Cir. 1988). The
district court did not abuse its discretion when it dismissed
Guzman’s claims as frivolous. See Denton v. Hernandez,
504 U.S.
25, 31-34 (1992). The judgment of the district court is
AFFIRMED.