Summary
finding misdiagnosis of inmate's medical condition may be negligent but it does not rise to the level of a constitutional violation
Summary of this case from McCullum v. Singing River Hosp. Sys.Opinion
No. 06-61083 Summary Calendar.
May 13, 2008.
Danny E. Irby, Mississippi Department of Corrections East Mississippi Correctional Facility, Meridian, MS, pro se.
Jacqueline H. Ray, Page, Kruger Holland, Jackson, MS, for Defendants-Appellees.
Appeal from the United States District Court for the Southern District of Mississippi, USDC No. 4:03-CV-141.
Before JOLLY, DENNIS and PRADO, Circuit Judges.
Danny E. Irby, Mississippi prisoner # 44999, appeals the district court's order granting the defendants's motion for summary judgment and dismissing his 42 U.S.C. § 1983 complaint. He argues that the defendants were deliberately indifferent to his serious medical needs and subjected him to cruel and unusual punishment when they: misdiagnosed the underlying cause of his leg complaints; provided inadequate and inappropriate medical care; failed to timely send him for outside medical treatment; delayed treating his injuries; and placed him in administrative segregation in retaliation for requesting outside medical treatment.
The record suggests that the defendants may have been negligent in their diagnosis and treatment of Irby. However, the defendants's actions do not rise to the level of a constitutional violation. See Mendoza v. Lynaugh, 989 F.2d 191, 195 (5th Cir. 1993); Varnado v. Lynaugh, 920 F.2d 320, 321 (5th Cir. 1991). Irby's conclusory allegations regarding retaliatory mistreatment are an insufficient basis for § 1983 relief. See Kinash v. Callahan, 129 F.3d 736, 738 (5th Cir. 1997). Accordingly, the judgment is affirmed.
AFFIRMED.