North v. Hults, 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that this opinion should not be published and is not precedent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. 01-11407
Conference Calendar
JACKIE NORTH,
Plaintiff-Appellant,
versus
RICHARD HULTS, M.D.; DICK WARE HEALTH SERVICES;
GARY L. JOHNSON, DIRECTOR, TEXAS DEPARTMENT OF CRIMINAL
JUSTICE, INSTITUTIONAL DIVISION; F.N.U. BRYAN, Unit Warden,
Defendants-Appellees.
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Appeal from the United States District Court
for the Northern District of Texas
USDC No. 1:01-CV-92
--------------------
June 18, 2002
Before HIGGINBOTHAM, DAVIS, and EMILIO M. GARZA, Circuit Judges.
PER CURIAM:*
Jackie North, Texas prisoner # 1007355, appeals the
dismissal of his 42 U.S.C. § 1983 complaint as frivolous and for
failure to state a claim. He argues that he has stated an Eighth
Amendment claim because he has alleged that Dr. Hults performed
below the requisite standard of medical care when he nicked a
vein in his buttocks while excising an ulcer and because he has

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No. 01-11407
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alleged that prison officials did not send him to a hospital to
stop the bleeding, which he alleges continued for 60 days after
the surgery. He does not dispute, however, that he received
medical treatment from prison medical staff during the months
after surgery.
North has not stated a claim under 42 U.S.C. § 1983 because
his allegations are complaints of medical malpractice and a
disagreement over the appropriate course of treatment following
surgery. Unsuccessful medical treatment, acts of negligence or
medical malpractice, or a prisoner's disagreement with prison
officials regarding medical treatment are insufficient to
establish an unconstitutional denial of medical care. Varnado v.
Lynaugh, 920 F.2d 320, 321 (5th Cir. 1991); see Norton v.
Dimazana, 122 F.3d 286, 292 (5th Cir. 1997). He has therefore
not established that the magistrate judge erred in dismissing his
complaint for failure to state a claim.
AFFIRMED.

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