Russell v. Johnson

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 97-10711 Summary Calendar DARRELL RUSSELL, Plaintiff-Appellant, versus GARY L. JOHNSON, DIRECTOR, TEXAS DEPARTMENT OF CRIMINAL JUSTICE, INSTITUTIONAL DIVISION; R. D. MCLEOD; WILLIAM SWART; LIEUTENANT WICKERSHAM; CAPTAIN E. HAMPTON, Defendants-Appellees. - - - - - - - - - - Appeal from the United States District Court for the Northern District of Texas USDC No. 2:97-CV-90 - - - - - - - - - - December 23, 1997 Before JOLLY, JONES, and SMITH, Circuit Judges. PER CURIAM:* Darrell Russell, Texas prisoner # 674336, appeals the district court’s dismissal of his civil rights complaint as frivolous and for failure to state a claim under 28 U.S.C. § 1915A(b). Russell argues that he suffered from a bad back and that a prison doctor acted with deliberate indifference to that condition in changing Russell’s work restrictions so that he was eligible for assignment to field work. He argues that the other * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.97-10711 - 2 - defendants exhibited deliberate indifference to his serious medical needs by assigning him to work in accordance with the doctor’s restrictions. We have throughly reviewed the record and Russell’s arguments and AFFIRM the dismissal of Russell’s complaint essentially for the reasons stated by the district court in Russell v. Johnson, No. 2:97-CV-0090 (N.D. Tex. May 30, 1997). AFFIRMED.