Opinion · Court of Appeals for the Fifth Circuit
Roger Mayweather v. Charles C. Foti, Jr.
958 F.2d 91
- Type
- Opinion
- Court
- Court of Appeals for the Fifth Circuit
- Jurisdiction
- Federal
- Date
- 1992-04-10
- Topic
- litigation
holding that an occasional missed dose of medication does not, without more, constitute deliberate indifference | concluding that occasionally missed doses of medicine “fall far short” of establishing deliberate indifference | “Continuing back pain is unpleasant. Its existence does not, however, in and of itself demonstrate that a constitutional violation occurred.” | “Continuing back pain is unpleasant. Its existence does not, however, it and of itself demonstrate that a constitutional violation occurred | finding that an inmate received adequate care, even though the treatment may not have been the best, and that any deficiencies in treatment were minimal; moreover, the plaintiff’s continuing pain, in and of itself, did not demonstrate that a constitutional violation occurred | finding an occasional missed dose of medication does not, without more, constitute deliberate indifference | “claim for inadequate medical care would succeed only if [plaintiff] proved that the denial of care constituted ‘deliberate indifference to serious medical needs’” | the fact that a prisoner’s medical treatment “may not have been the best money could buy” is insufficient to establish a constitutional violation | occasional missed doses of medication, without more, “fall[s] far short of establishing deliberate indifference” by prison staff | prisoners are not entitled to "the best [treatment] that money c[an] buy" | occasionally missed doses of medicine “fall far short” of establishing deliberate indifference
Citator
- Cited by
- 56 opinions
Alexander Adam Lambert, Jr., Freeman R. Matthews, Usry Weeks, Metairie, La., for defendants-appellees.
[2] Contrary to Mayweather's complaints, the record shows that he received continuous treatment for his back injury despite his incarceration. The treatment may not have been the best that money could buy, and occasionally, a dose of medication may have been forgotten, but these deficiencies were minimal, they do not show an unreasonable standard of care, and they fall far short of establishing deliberate indifference by the prison authorities. Continuing back pain is unpleasant. Its existence does not, however, in and of itself demonstrate that a constitutional violation occurred.Page 92
[3] The judgment of the district court is AFFIRMED.