Filed: Jul. 09, 2001
Latest Update: Mar. 02, 2020
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 00-40926 Summary Calendar TOMMY SANDERS, Plaintiff-Appellant, versus GARY L. JOHNSON, DIRECTOR, TEXAS DEPARTMENT OF CRIMINAL JUSTICE, INSTITUTIONAL DIVISION; J. E. ALFORD, Warden; LINCOLN CLARK, Laundry Supervisor; TERRY O. GERMAN, Food Supervisor, Defendants-Appellees. - - - - - - - - - - Appeal from the United States District Court for the Eastern District of Texas USDC No. 9:99-CV-129 - - - - - - - - - - July 6, 2001 Before DAVIS
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 00-40926 Summary Calendar TOMMY SANDERS, Plaintiff-Appellant, versus GARY L. JOHNSON, DIRECTOR, TEXAS DEPARTMENT OF CRIMINAL JUSTICE, INSTITUTIONAL DIVISION; J. E. ALFORD, Warden; LINCOLN CLARK, Laundry Supervisor; TERRY O. GERMAN, Food Supervisor, Defendants-Appellees. - - - - - - - - - - Appeal from the United States District Court for the Eastern District of Texas USDC No. 9:99-CV-129 - - - - - - - - - - July 6, 2001 Before DAVIS,..
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IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 00-40926
Summary Calendar
TOMMY SANDERS,
Plaintiff-Appellant,
versus
GARY L. JOHNSON, DIRECTOR, TEXAS DEPARTMENT
OF CRIMINAL JUSTICE, INSTITUTIONAL DIVISION;
J. E. ALFORD, Warden; LINCOLN CLARK, Laundry
Supervisor; TERRY O. GERMAN, Food Supervisor,
Defendants-Appellees.
- - - - - - - - - -
Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 9:99-CV-129
- - - - - - - - - -
July 6, 2001
Before DAVIS, JONES, and DeMOSS, Circuit Judges.
PER CURIAM:*
Tommy Sanders, a Texas prisoner (# 744097), appeals from the
district court’s sua sponte dismissal of his 42 U.S.C. § 1983
civil rights complaint as frivolous, pursuant to 28 U.S.C.
§ 1915(e)(2). Sanders urged this court to enforce court orders
issued in the inmate class action, Ruiz v. Estelle,
503 F. Supp.
1265 (S. D. Tex. 1980), aff’d in part, vacated in part,
679 F.2d
1115 (5th Cir.), amended in part,
688 F.2d 266 (1982), with
*
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that this opinion should not be published and is not precedent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. 00-40926
-2-
respect to his claims regarding the following conditions of
confinement at his prison: (1) the adequacy of ventilation in
the dining hall where Sanders worked; (2) crowding; (3) the
adequacy of security in the dormitories; and (4) the adequacy of
drinking water for dining-hall workers. The district court
concluded that mere violations of the consent decree in Ruiz did
not amount to a violation of his civil rights.
The district court did not abuse its discretion in
concluding that, inasmuch as Sanders was alleging mere violations
of court orders in the Ruiz litigation, his claims were not
cognizable under 42 U.S.C. § 1983 and were frivolous. See Green
v. McKaskle,
788 F.2d 1116, 1122-23 (5th Cir. 1986); Ruiz v.
United States,
160 F.3d 273, 274-75 (5th Cir. 1998) (Bivens-type
claims by federal prisoner). It is arguable that, as to at least
some of the alleged conditions of confinement, Sanders was
asserting that such conditions violated his constitutional
rights. However, because Sanders failed to demonstrate how the
named defendants were aware of facts from which an inference of
an excessive risk to the plaintiff’s health or safety could be
drawn, see Farmer v. Brennan,
511 U.S. 825, 837 (1994), Sanders
has not shown that the district court abused its discretion in
dismissing the complaint.
The judgment of the district court is
AFFIRMED.