Opinion
No. 08-60332 Summary Calendar.
October 28, 2009.
Willie Alton Magee, Meridian, MS, pro se.
Irving Conrad Mord, II, Mord Law Firm, Tylertown, MS, for Defendant-Appellee.
Appeal from the United States District Court for the Southern District of Mississippi, USDC No. 2:03-CV-18.
Before REAVLEY, JOLLY, and OWEN, Circuit Judges.
The judgment of the district court is affirmed for the following reasons:
The plaintiff, Willie McGee, endured a beating by other inmates on March 23, 2003. He has no doubt suffered as a result. But his complaint has received considerable medical attention and extensive judicial effort also. Upon the finding and conclusions of the magistrate after a hearing on April 13, 2005, the judge dismissed the claims against five defendants Holding: The Court of Appeals held that and proceeded with the claim of intentional district court's failure to examine statute indifference to plaintiffs medical needs of conviction did not amount to plain error against Sheriff Duane Dillon.
The claim against Sheriff Dillon went to a two day trial in February 2008, followed by an adverse recommendation and then judgment dated March 28, 2008. The judgment that plaintiff suffered no constitutional deprivation because neither Sheriff Dillon nor Walthall County were deliberately indifferent to his medical needs is supported by the evidence. After his injury, a nurse saw him the following day, and then the next day he was taken to the hospital to see a doctor. In two more days he had surgery. Treatment and medication followed. There is no evidence of conscious indifference.
AFFIRMED.