Filed: Aug. 23, 2002
Latest Update: Feb. 21, 2020
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 01-11391 Conference Calendar CLAUDE E. JOINER, Plaintiff-Appellant, versus GARY L. JOHNSON, Etc.; ET AL., Defendants, GARY L. JOHNSON, Director, Texas Department of Criminal Justice, Institutional Division; JOSEPH PRICE; AL MARK; MIKE PUGH; GUY SMITH; TIM REVELL; CHARLES RIDGE, DR.; SUZZANNE TENORIO-PAUL; ROCHELLE MCKENNLY; WILLIAM GONZALEZ; TEXAS DEPARTMENT OF CRIMINAL JUSTICE HEALTH SERVICE DIVISION; CORRECTIONAL MANAGED HEALTH CA
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 01-11391 Conference Calendar CLAUDE E. JOINER, Plaintiff-Appellant, versus GARY L. JOHNSON, Etc.; ET AL., Defendants, GARY L. JOHNSON, Director, Texas Department of Criminal Justice, Institutional Division; JOSEPH PRICE; AL MARK; MIKE PUGH; GUY SMITH; TIM REVELL; CHARLES RIDGE, DR.; SUZZANNE TENORIO-PAUL; ROCHELLE MCKENNLY; WILLIAM GONZALEZ; TEXAS DEPARTMENT OF CRIMINAL JUSTICE HEALTH SERVICE DIVISION; CORRECTIONAL MANAGED HEALTH CAR..
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IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 01-11391
Conference Calendar
CLAUDE E. JOINER,
Plaintiff-Appellant,
versus
GARY L. JOHNSON, Etc.; ET AL.,
Defendants,
GARY L. JOHNSON, Director, Texas Department of Criminal
Justice, Institutional Division; JOSEPH PRICE; AL MARK;
MIKE PUGH; GUY SMITH; TIM REVELL; CHARLES RIDGE, DR.;
SUZZANNE TENORIO-PAUL; ROCHELLE MCKENNLY; WILLIAM GONZALEZ;
TEXAS DEPARTMENT OF CRIMINAL JUSTICE HEALTH SERVICE DIVISION;
CORRECTIONAL MANAGED HEALTH CARE ADVISORY COMMITTEE;
UNIVERSITY OF TEXAS MEDICAL BRANCH; TX TECH UNIVERSITY
HEALTH SCIENCE CENTER; LANNETTE LINTHICUN; TEXAS DEPARTMENT
OF CRIMINAL JUSTICE; NFN BASS,
Defendants-Appellees.
--------------------
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 2:99-CV-341
--------------------
August 20, 2002
Before HIGGINBOTHAM, DAVIS, and PARKER, Circuit Judges.
PER CURIAM:*
Claude E. Joiner (“Joiner”), Texas state prisoner #594355,
appeals from the district court’s grant of summary judgment in
*
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that this opinion should not be published and is not precedent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. 01-11391
-2-
favor of the defendants. Joiner filed a civil rights complaint
pursuant to 42 U.S.C. § 1983 alleging that the defendants were
deliberately indifferent to his medical needs. Joiner also
argued that the defendants conspired to deny him access to the
courts.
Joiner’s motions for an extension of time to file an amended
brief and to file an amended brief are DENIED.
Conclusory allegations, speculation, and unsubstantiated
assertions are not adequate to support summary judgment, which
the court reviews de novo. See Olabisiomotosho v. City of
Houston,
185 F.3d 521, 525 (5th Cir. 1999). Medical care claims
are cognizable under § 1983 when prison officials are
deliberately indifferent to a prisoner’s serious medical needs.
See Wilson v. Seiter,
501 U.S. 294, 297 (1991). However,
unsuccessful medical treatment, acts of negligence or medical
malpractice, or a prisoner’s disagreement with prison officials
regarding medical treatment are insufficient to establish an
unconstitutional denial of medical care. See Varnado v. Lynaugh,
920 F.2d 320, 321 (5th Cir. 1991); see also Norton v. Dimazana,
122 F.3d 286, 292 (5th Cir. 1997).
The record shows that the defendants provided treatment for
Joiner’s medical conditions but did not provide the treatment
Joiner requested. Joiner’s allegations do not meet his burden of
producing evidence showing the existence of a genuine issue for
trial regarding deliberate indifference. Joiner’s arguments
No. 01-11391
-3-
amount to no more than disagreement with his medical treatment, a
claim not actionable under § 1983. See
Varnado, 920 F.2d at 321.
Prisoners have a constitutionally protected right of access
to the courts. Chriceol v. Phillips,
169 F.3d 313, 317 (5th Cir.
1999). To state a denial of access claim, however, the prisoner
must allege that the defendants’ conduct actually injured him by
prejudicing his position as a litigant. See id.; see also Walker
v. Navarro County Jail,
4 F.3d 410, 413 (5th Cir. 1993). Joiner
has not identified any actual injury resulting from the
defendants’ alleged denial of his access to the court.
For the foregoing reasons, the district court’s judgment is
AFFIRMED. All outstanding motions are DENIED.