Filed: May 02, 2011
Latest Update: Feb. 22, 2020
Summary: [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT _ FILED U.S. COURT OF APPEALS No. 10-13285 ELEVENTH CIRCUIT Non-Argument Calendar MAY 2, 2011 _ JOHN LEY CLERK D.C. Docket No. 4:10-cv-00098-SPM-WCS BENJAMIN N. MOOTS, lllllllllllllllllllllPlaintiff-Appellant, versus SECRETARY, DEPARTMENT OF CORRECTIONS, SANDEEP RAHANGDALE, T. BLANKENSHIP, LARRY A. BAKER, lllllllllllllllllllllDefendants-Appellees, JEREMY VAUGHAN, lllllllllllllllllllllDefendant. _ Appeal from the Unit
Summary: [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT _ FILED U.S. COURT OF APPEALS No. 10-13285 ELEVENTH CIRCUIT Non-Argument Calendar MAY 2, 2011 _ JOHN LEY CLERK D.C. Docket No. 4:10-cv-00098-SPM-WCS BENJAMIN N. MOOTS, lllllllllllllllllllllPlaintiff-Appellant, versus SECRETARY, DEPARTMENT OF CORRECTIONS, SANDEEP RAHANGDALE, T. BLANKENSHIP, LARRY A. BAKER, lllllllllllllllllllllDefendants-Appellees, JEREMY VAUGHAN, lllllllllllllllllllllDefendant. _ Appeal from the Unite..
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[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
________________________ FILED
U.S. COURT OF APPEALS
No. 10-13285 ELEVENTH CIRCUIT
Non-Argument Calendar MAY 2, 2011
________________________ JOHN LEY
CLERK
D.C. Docket No. 4:10-cv-00098-SPM-WCS
BENJAMIN N. MOOTS,
lllllllllllllllllllllPlaintiff-Appellant,
versus
SECRETARY, DEPARTMENT OF CORRECTIONS,
SANDEEP RAHANGDALE,
T. BLANKENSHIP,
LARRY A. BAKER,
lllllllllllllllllllllDefendants-Appellees,
JEREMY VAUGHAN,
lllllllllllllllllllllDefendant.
________________________
Appeal from the United States District Court
for the Northern District of Florida
________________________
(May 2, 2011)
Before BARKETT, MARCUS and PRYOR, Circuit Judges.
PER CURIAM:
Benjamin N. Moots, a state prisoner, appeals pro se the dismissal of his
complaint that prison officials Walter McNeil, Sandeep Rahangdale, Tammy
Blankenship, and Larry Baker violated his civil rights under the Eighth
Amendment. 42 U.S.C. § 1983. The district court ruled that the prison officials
had not been deliberately indifferent to Moots’s medical condition. We affirm.
Moots’s complaint fails to allege that he has a serious medical condition or,
even assuming that his condition is serious, that prison officials have been
indifferent to Moots’s medical needs. After Moots was imprisoned, he was
diagnosed with gynecomastia, a condition that causes an enlargement of male
breast tissue. Moots “received medical test[s] to determine” if “there [had been]
an underlying cause for his condition” and if he had cancer, but the tests revealed
Moots’s gynecomastia requires only cosmetic treatment. Moots’s “‘medical need
[is not] one that, if left unattended, poses a substantial risk of serious harm.’”
Mann v. Taser Intern., Inc.,
588 F.3d 1291, 1307 (11th Cir. 2009) (quoting Farrow
v. West,
320 F.3d 1235, 1243 (11th Cir. 2003)). Moots has received ibuprofen for
pain and “psychiatric treatment” to combat his “emotional suffering, depression,
anxiety,” and problems with his self-image, and prison officials have housed him
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in a segregation unit to prevent any potential mistreatment by fellow inmates.
Moots requested a mastectomy, but prison officials required that Moots first
undergo a mammogram, which Moots refused. Moots’s disagreement with the
course of treatment provided by the prison officials does not “support a claim of
cruel and unusual punishment.” Harris v. Thigpen,
941 F.2d 1495, 1505 (11th Cir.
1991).
The dismissal of Moots’s complaint is AFFIRMED.
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