Daniel v. Bexar Cty Adt Deten ( 2003 )

United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS April 17, 2003
FOR THE FIFTH CIRCUIT
Charles R. Fulbruge III
Clerk
No. 02-50657
Summary Calendar
JEFFRIE ANTERIES DANIEL,
Plaintiff-Appellant,
versus
BEXAR COUNTY ADULT DETENTION CENTER;
RALPH LOPEZ, Sheriff,
Defendants-Appellees.
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Appeal from the United States District Court
for the Western District of Texas
USDC No. SA-02-CV-242
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Before JONES, STEWART, and DENNIS, Circuit Judges.
PER CURIAM:*
Jeffrie Anteries Daniel, Texas prisoner no. 737485, appeals
the dismissal, without prejudice, of his action brought under 42
U.S.C. § 1983, in which he alleged denial of medical care in the
form of exposure to tuberculosis and refusal to provide treatment
after the exposure was revealed by a skin test. The district court
dismissed the action for Daniel’s failure to allege deliberate
indifference to his serious medical needs.
*
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that this opinion should not be published and is not precedent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.
No. 02-50657
-2-
Daniel alleged, at best, negligence and a disagreement over
what was the proper medical care. Such allegations do not support
a cause of action under 42 U.S.C. § 1983. Varnado v. Lynaugh, 920
F.2d 320, 321 (5th Cir. 1991); Norton v. Dimazana, 122 F.3d 286,
292 (5th Cir. 1997); see also Gibbs v. Grimmette, 254 F.3d 545,
549-50 (5th Cir. 2001) (not deliberate indifference to refuse skin-
test to inmate absent known exposure or signs of active
tuberculosis).
In addition, Daniel alleged only that the Bexar County
Sheriff, Ralph Lopez, was vicariously liable for the acts of his
unidentified subordinates. Sheriff Lopez cannot be vicariously
liable under 42 U.S.C. § 1983. See Thompkins v. Belt, 828 F.2d
298, 303-04 (5th Cir. 1987). We pretermit the issue whether the
Bexar County Adult Detention Center may be sued in its own name,
because Daniel failed to allege that any unconstitutional acts were
the result of a policy or custom as is required to establish the
liability of any municipal body under 42 U.S.C. § 1983. See
Piotrowski v. City of Houston, 51 F.3d 512, 517 (5th Cir. 1995).
Because Daniel failed to state a claim against any defendant,
the judgment of the district court is AFFIRMED. FED. R. CIV. P.
12(b)(6).
JUDGMENT AFFIRMED.