Hamilton v. Slaughter

* 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that this opinion should not be published and is not precedent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. 02-41183
Conference Calendar
TROY HAMILTON,
Plaintiff-Appellant,
versus
JAMES SLAUGHTER, PA,
Defendant-Appellee.
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Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 1:00-CV-888
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February 19, 2003
Before WIENER, EMILIO M. GARZA, and CLEMENT, Circuit Judges.
PER CURIAM:*
Troy Hamilton, Texas prisoner #450170, appeals from the
dismissal of his 42 U.S.C. § 1983 complaint as frivolous and for
failure to state a claim. Hamilton contends on appeal that a
physician’s assistant (PA) was deliberately indifferent to his
broken wrist because the PA relied on an x-ray technician’s
advice that the wrist was sprained instead of examining the x-ray
himself.

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No. 02-41183
-2-
Hamilton does not explain how a PA’s reliance on an x-ray
technician’s reading of an x-ray poses a substantial risk of
serious harm or that the PA disregarded such a risk. See Farmer
v. Brennan, 511 U.S. 825, 847 (1994). The district court did not
err by dismissing Hamilton’s complaint.
AFFIRMED.

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