Pascoe v. Bolivar Cty Regn, 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that this opinion should not be published and is not precedent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. 01-60497
Conference Calendar
LARRY PASCOE,
Plaintiff-Appellant,
versus
BOLIVAR COUNTY REGIONAL CORRECTIONAL
FACILITY; TOMMY TAYLOR, Warden;
H.M. GRIMMETT, Sheriff of Bolivar County;
FRAZAL FREEMAN, Nurse,
Defendants-Appellees.
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Appeal from the United States District Court
for the Northern District of Mississippi
USDC No. 2:01-CV-16-P-B
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April 11, 2002
Before SMITH, DeMOSS, and PARKER, Circuit Judges.
PER CURIAM:*
Larry Pascoe, Mississippi prisoner # 57419, appeals the
district court’s dismissal of his 42 U.S.C. § 1983 civil rights
lawsuit for failure to state a claim, pursuant to 28 U.S.C.
§ 1915(e)(2)(B)(ii). The district court’s dismissal is reviewed
de novo, accepting all of Pascoe’s allegations as true. See
Black v. Warren, 134 F.3d 732, 734 (5th Cir. 1998).

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No. 01-60497
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Pascoe renews his claims that he received inadequate medical
treatment as a pretrial detainee but also argues, for the first
time on appeal, that Nurse Freeman denied him the right to see a
physician and had him placed in lockdown, where he could not be
reached quickly in case of medical emergency; that jail personnel
are inadequately trained to respond to medical emergencies; and
that the jail has inadequate policies for dealing with suicidal
inmates. Because these claims were not presented to the district
court, this court will not address them. See Shanks v.
AlliedSignal, Inc., 169 F.3d 988, 993 n.6 (5th Cir. 1999); Burch
v. Coca-Cola Co., 119 F.3d 305, 319 (5th Cir. 1997).
To the extent that Pascoe contends that Nurse Freeman was
deliberately indifferent to his medical needs by prescribing him
sleep medication to which he had an adverse reaction, he has
alleged only negligence, which is insufficient to state a claim.
See Stewart v. Murphy, 174 F.3d 530, 537 (5th Cir. 1999). To the
extent that he argues that he was denied medical treatment after
being found in a coma as a result of taking the sleep medication,
his own allegation that he was immediately taken to the hospital
defeats his claim. See Farmer v. Brennan, 511 U.S. 825, 847
(1994); Hare v. City of Corinth, Miss., 74 F.3d 633, 650 (5th
Cir. 1996)(en banc). Pascoe’s contention that jail officials
were deliberately indifferent to his medical needs by precluding
him from having surgery for his gallstones is similarly
unavailing because he conceded that he received medication that
has been effective in treating his stomach problems. His
dissatisfaction with the treatment he received, medication

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No. 01-60497
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instead of surgery, is not actionable. See Stewart, 174 F.3d at
537.
Pascoe has not demonstrated any error in the district
court’s judgment. Accordingly, the judgment is AFFIRMED. The
district court’s dismissal of the complaint counts as a “strike”
for purposes of 28 U.S.C. § 1915(g). See Adepegba v. Hammons,
103 F.3d 383, 387 (5th Cir. 1996). Pascoe is CAUTIONED that, if
he accumulates three strikes, he may not proceed in forma
pauperis in any civil action or appeal filed while he is
incarcerated or detained in any facility unless he is in imminent
danger of serious physical injury. See 28 U.S.C. § 1915(g).
AFFIRMED; THREE-STRIKES WARNING ISSUED.

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