IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 99-10282
Summary Calendar
CARDELL RHETT, JR., also known as
Rhett Cardell, Jr.,
Plaintiff-Appellant,
versus
WAYNE SCOTT, DIRECTOR, TEXAS DEPARTMENT
OF CRIMINAL JUSTICE, INSTITUTIONAL DIVISION;
CHARLES ALEXANDER, Dr.; MAXWELL GARDINER, Dr.;
SWARTS, Dr.; B. ALLEN; G. PIERSON; B. CASEL;
UTMB MANAGED CARE; SCHERRY MCKELVEY,
Defendants-Appellees.
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Appeal from the United States District Court
for the Northern District of Texas
USDC No. 2:96-CV-114
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November 8, 1999
Before DAVIS, EMILIO M. GARZA, and DENNIS, Circuit Judges.
PER CURIAM:*
Cardell Rhett, Texas prisoner # 672730, appeals the district
court’s dismissal of his 42 U.S.C. § 1983 action after remand for
consideration of his claim that the defendants delayed replacing
a necessary knee brace for 14 months. Rhett contends that the
defendants’ delay in obtaining the new knee brace constituted
deliberate indifference to his serious medical need for a new
*
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that this opinion should not be published and is not precedent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. 99-10282
-2-
knee brace. This court’s prior decision which held that Rhett
stated a claim of deliberate indifference concerning the 14-month
delay in reviewing a new knee brace and that the claim was not
frivolous became the “law of the case.” See Young v. Herring,
917 F.2d 858, 861 (5th Cir. 1990). On remand, the district court
was bound to accept this determination that Rhett had stated a
claim and that the claim was not frivolous. See id. The
district court erred in dismissing Rhett’s claim for a second
time as frivolous and for failure to state a claim under 28
U.S.C. § 1915A and 42 U.S.C. § 1997e(c). Accordingly, the
judgment is REVERSED and the case is REMANDED for further
proceedings.
REVERSED AND REMANDED.