Benner v. Anderson

United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT January 4, 2005
Charles R. Fulbruge III
Clerk
No. 04-10644
Summary Calendar
PAIGE L. BENNER,
Plaintiff-Appellant,
versus
DEE ANDERSON, Sheriff, Tarrant County;
NFN ALVARADO, Supervisor, Mid States Food Service,
Defendants-Appellees.
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 4:04-CV-281-Y
Before GARWOOD, STEWART and PRADO, Circuit Judges.
PER CURIAM:*
Paige L. Benner, Texas prisoner # 0220654, appeals the
district court’s dismissal of his 42 U.S.C. § 1983 complaint
pursuant to 28 U.S.C. § 1915(e)(2). He asserted in the district
court that despite being medically ordered to follow a sodium-free
diet, he was served items containing sodium. The district court
*
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opinion should not be published and is not precedent except under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.
construed this claim as a challenge to Benner’s conditions of
confinement; however, if the allegations are liberally construed,
they conclusorily assert deliberate indifference to his serious
medical needs.
Nevertheless, Benner’s factual allegations do not reflect that
the defendants showed such deliberate indifference. See Farmer v.
Brennan, 511 U.S. 825, 842, 847 (1994)); Bickford v. Int’l Speedway
Corp., 654 F.2d 1028, 1031 (5th Cir. 1981). As the district court
correctly observed, the week’s menu list attached by Benner to the
complaint, with salt items circled by Benner, reflect several other
items at each meal not circled nor otherwise alleged to contain
salt (nor self-evidently containing it). The judgment of the
district court is thus
AFFIRMED.
2