Donald Moran v. E.M.C.F. Medical Department ( 2018 )

Case: 17-60413 Document: 00514492348 Page: 1 Date Filed: 05/30/2018
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit
FILED
No. 17-60413 May 30, 2018
Summary Calendar
Lyle W. Cayce
Clerk
DONALD MORAN,
Plaintiff-Appellant
v.
CENTURION; DOCTOR ROLANDO ABANGAN; OLLIE LITTLE, Health
Services Administrator,
Defendants-Appellees
Appeal from the United States District Court
for the Southern District of Mississippi
USDC No. 3:16-CV-15
Before KING, ELROD, and HIGGINSON, Circuit Judges.
PER CURIAM: *
Donald Moran, Mississippi prisoner # 171513, appeals the district court’s
grant of summary judgment to the defendants and the dismissal of his pro se
42 U.S.C. § 1983 complaint. He argues that the defendants demonstrated
deliberate indifference to his serious medical needs, in violation of the Eighth
Amendment, by failing to provide treatment from a podiatrist or to prescribe
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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.
Case: 17-60413 Document: 00514492348 Page: 2 Date Filed: 05/30/2018
No. 17-60413
pain medication for his healed ankle and foot injuries. This court reviews a
district court’s ruling on summary judgment de novo, employing the same
standard used by the district court. McFaul v. Venezuela, 684 F.3d 564, 571
(5th Cir. 2012).
As an inmate, Moran had a clearly established Eighth Amendment right
not to be denied, by deliberate indifference, attention to his serious medical
needs. See Gobert v. Caldwell, 463 F.3d 339, 345 (5th Cir. 2006). Prison
officials violate the constitutional prohibition against cruel and unusual
punishment when they demonstrate deliberate indifference to a prisoner’s
serious medical needs, resulting in unnecessary and wanton infliction of pain.
Wilson v. Seiter, 501 U.S. 294, 297 (1991). A prison official acts with deliberate
indifference only if “the official knows of and disregards an excessive risk to
inmate health or safety.” Farmer v. Brennan, 511 U.S. 825, 837 (1994); see
Reeves v. Collins, 27 F.3d 174, 176-77 (5th Cir. 1994).
The medical records show that Moran requested and received treatment
for his foot and ankle pain, including x-rays, pain medicine, and orthopedic
shoes. While Moran argues that he continued to experience pain, the
defendants’ unsuccessful treatment and Moran’s disagreement with the
treatment are insufficient to demonstrate deliberate indifference. See Gobert,
463 F.3d at 346. Further, the mere claim that he was not referred to a
specialist does not itself state a claim of deliberate indifference. See Green v.
McKaskle, 788 F.2d 1116, 1127 (5th Cir. 1986).
Because Moran has not shown a “wanton disregard” for his “serious
medical needs,” the district court’s judgment is AFFIRMED. See Domino v.
Tex. Dep’t of Criminal Justice, 239 F.3d 752, 756 (5th Cir. 2001).
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