Dayse v. Wood

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 98-41017 Summary Calendar JOHN JULIAN DAYSE, Plaintiff-Appellant, versus DOYLE R. WOOD, Field Supervisor Michael Unit; COY R. TURNER, Correctional Officer III Michael Unit; BILLY SCARBUROUGH, Sergeant Michael Unit; ROBERT D. HERRERA, Asst Warden Michael Unit, Defendants-Appellees. -------------------- Appeal from the United States District Court for the Eastern District of Texas USDC No. 6:97-CV-23 -------------------- November 3, 1999 Before GARWOOD, HIGGINBOTHAM, and WIENER, Circuit Judges. PER CURIAM:* John Julian Dayse, Texas state prisoner #498384, appeals from the district court’s grant of summary judgment to the defendants in his civil rights proceeding. He argues that the defendants required him to work outside in unreasonably cold weather without appropriate clothing. We have reviewed the * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 98-41017 -2- record and find no reversible error. Dayse has not shown that the defendants knew that he faced a substantial risk of serious harm or that they disregarded that risk by failing to take reasonable measures to abate it. See Farmer v. Brennan, 511 U.S. 825, 847 (1994). Accordingly, the judgment of the district court is AFFIRMED. AFFIRMED.