McDowell v. Seachrist, et al

* 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that this opinion should not be published and is not precedent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.
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 01-40016
Conference Calendar
JOHNNY ALLEN MCDOWELL,
Plaintiff-Appellant,
versus
MARK SEACHRIST, Director, Bradshaw State Jail;
DIXON, Warden, Bradshaw State Jail,
Defendants-Appellees.
--------------------
Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 6:99-CV-406
--------------------
October 26, 2001
Before WIENER, BENAVIDES, and DENNIS, Circuit Judges.
PER CURIAM:*
Johnny Allen McDowell, Texas prisoner # 756787, appeals the
summary judgment dismissal of his civil rights complaint.
McDowell argues that his constitutional right to religious
freedom was violated when he was fed a meat product that
purported to be beef but which actually contained pork, which he
is forbidden to eat according to his religious beliefs as a
Muslim. After a de novo review of the record, we affirm. Based
on the summary judgment evidence, McDowell's claims, at best,

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No. 01-40016
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amount to claims of negligence. Negligence is not actionable
under 42 U.S.C. § 1983. See Daniels v. Williams, 474 U.S. 327,
333-35 (1986); Eason v. Thaler, 14 73 F.3d 1322, 1327-28 n.2 (5th
Cir. 1996); George v. King, 837 F.2d 705, 707 (5th Cir. 1988).
Accordingly, the district court's judgment is AFFIRMED.

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