IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 96-40759
Summary Calendar
JOHN W. WINSLOW,
Plaintiff-Appellant,
versus
C. T. O’REILLY; J. M. STENNER; A. HART,
Defendants-Appellees.
Appeal from the United States District Court
For the Southern District of Texas
(G-94-CV-502)
May 22, 1997
Before HIGGINBOTHAM, WIENER, and BENAVIDES, Circuit Judges.
PER CURIAM:*
Plaintiff John Winslow appeals the dismissal of his 42 U.S.C.
§ 1983 suit as frivolous. See 28 U.S.C. § 1915(d). Winslow
contends that the defendants were deliberately indifferent to his
serious medical needs when he was reassigned to work in the garden
squad despite his medical limitations. Our review of the record
reveals that Winslow has failed to state a claim upon which relief
can be granted. A prison official acts with deliberate
*
Pursuant to Local Rule 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this opinion should not be published and is not precedent except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 Local Rule 47.5.4.
indifference sufficient to support a § 1983 claim “only if he knows
that inmates face a substantial risk of serious harm and . . .
disregards that risk by failing to take reasonable measures to
abate it.” Farmer v. Brennan, 511 U.S. 825 (1994). Neither
defendant Hart nor Stenner were personally involved in Winslow’s
reassignment. Winslow’s claims against them fail because personal
involvement is an essential element of a § 1983 claim. Thompson v.
Steele, 709 F.2d 381, 382 (5th Cir.), cert. denied, 464 U.S. 897
(1983). Moreover, Winslow has presented no evidence to indicate
that his medical requests were ever refused. In fact, the clinic
reports show that he requested and received medical attention three
times in two months. Moreover, Winslow’s relatively brief stint in
the garden squad and his frequent visits to the infirmary indicate
that defendants took reasonable medical measures. At most, Winslow
has stated a case that his reassignment was negligent, a claim that
will not support relief under § 1983.
The district court’s dismissal is AFFIRMED.
2