Perry v. Stanley, 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this opinion should not be published and is not precedent except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.
United States Court of Appeals
Fifth Circuit
F I L E D
January 20, 2006
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 04-41237
Summary Calendar
GERALD ALLEN PERRY,
Petitioner-Appellant,
versus
REGINALDO STANLEY; CLOVIS GILBERT;
LOWRY POWERS; JONATHAN PLEASANT,
Respondents-Appellees.
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Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 5:01-CV-166-DF-CMC
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Before HIGGINBOTHAM, BENAVIDES, and DENNIS, Circuit Judges.
PER CURIAM:*
In this action brought under 42 U.S.C. § 1983, Gerald Perry,
Texas prisoner # 644896, appeals summary judgment in favor of the
defendants. Perry contends that the defendants violated his Eighth
Amendment rights by delaying treatment of his hand, which he broke
in a fight.
Unsuccessful medical treatment, acts of negligence, medical
malpractice, or a prisoner’s disagreement with prison officials
regarding medical treatment are insufficient to establish an
unconstitutional denial of medical care. Norton v. Dimazana, 122

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No. 04-41237
-2-
F.3d 286, 292 (5th Cir. 1997). The uncontested summary judgment
evidence shows that Perry received extensive care for his injury.
Perry’s allegations, arguments, and summary-judgment evidence point
only to a difference of opinion as to the proper course of
treatment. Perry has failed to show there is any genuine issue of
fact material to whether any person acted with deliberate
indifference to his health problem. The judgment of the district
court is
AFFIRMED.

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