Filed: Feb. 14, 2011
Latest Update: Feb. 21, 2020
Summary: Case: 10-60100 Document: 00511381505 Page: 1 Date Filed: 02/14/2011 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED February 14, 2011 No. 10-60100 Summary Calendar Lyle W. Cayce Clerk LAWRENCE DOMINGO RILEY, Plaintiff-Appellant v. HEALTH ASSURANCE, L.L.C.; PAT OLSEN, ADM/MED; HARRISON COUNTY, MISSISSIPPI, Defendants-Appellees Appeal from the United States District Court for the Southern District of Mississippi USDC No. 1:09-CV-201 Be
Summary: Case: 10-60100 Document: 00511381505 Page: 1 Date Filed: 02/14/2011 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED February 14, 2011 No. 10-60100 Summary Calendar Lyle W. Cayce Clerk LAWRENCE DOMINGO RILEY, Plaintiff-Appellant v. HEALTH ASSURANCE, L.L.C.; PAT OLSEN, ADM/MED; HARRISON COUNTY, MISSISSIPPI, Defendants-Appellees Appeal from the United States District Court for the Southern District of Mississippi USDC No. 1:09-CV-201 Bef..
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Case: 10-60100 Document: 00511381505 Page: 1 Date Filed: 02/14/2011
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
February 14, 2011
No. 10-60100
Summary Calendar Lyle W. Cayce
Clerk
LAWRENCE DOMINGO RILEY,
Plaintiff-Appellant
v.
HEALTH ASSURANCE, L.L.C.; PAT OLSEN, ADM/MED; HARRISON
COUNTY, MISSISSIPPI,
Defendants-Appellees
Appeal from the United States District Court
for the Southern District of Mississippi
USDC No. 1:09-CV-201
Before KING, BENAVIDES, and ELROD, Circuit Judges.
PER CURIAM:*
Lawrence Domingo Riley, Mississippi prisoner # 45204, filed the instant
42 U.S.C. § 1983 suit to seek redress for alleged deliberate indifference to
deliberate medical needs that occurred when he was a pretrial detainee. The
magistrate judge granted the defendants’ motions for summary judgment and
dismissed the suit. In this appeal, Riley insists that his rights were violated
because more than three weeks passed between the day when he fell in 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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.
Case: 10-60100 Document: 00511381505 Page: 2 Date Filed: 02/14/2011
No. 10-60100
shower and hurt his back and the day when he saw a doctor. Additionally, he
contends that defendant Olsen infringed his rights by denying him medication.
He moves this court to supplement the record on appeal with medical records
that were not presented to the magistrate judge.
We review the grant of a motion for summary judgment de novo. Dillon
v. Rogers,
596 F.3d 260, 266 (5th Cir. 2010). A prisoner raises a viable claim of
deliberate indifference to medical needs by showing that an official “knows of
and disregards an excessive risk to [his] health or safety.” Farmer v. Brennan,
511 U.S. 825, 837 (1994); Gobert v. Caldwell,
463 F.3d 339, 346 (5th Cir. 2006).
Our review of the record and Riley’s brief shows no error in the magistrate
judge’s decision. Rather, this review shows only that Riley disagrees with the
treatment he was given, which is insufficient to show deliberate indifference to
serious medical needs. See
Gobert, 463 F.3d at 346; Domino v. Texas Dep’t of
Criminal Justice,
239 F.3d 752, 756 (5th Cir. 2001).
The judgment is AFFIRMED, and Riley’s motion to supplement the record
is DENIED.
2