No. 99-50512
-1-
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 99-50512
Summary Calendar
VINCENT BEASLEY,
Plaintiff-Appellant,
versus
BERNEY KESZLER, ET AL,
Defendants,
BERNEY KESZLER; JOSEPH GILL;
MARTHA SYRETT,
Defendants-Appellees.
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Appeal from the United States District Court
for the Western District of Texas
USDC No. SA-97-CV-257
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May 11, 2000
Before JOLLY, JONES and BENAVIDES, Circuit Judges.
PER CURIAM:*
Vincent Beasley, Texas prisoner no. 604719, appeals the
district court’s dismissal of his 42 U.S.C. § 1983 claims against
defendants Joseph Gill and Martha Syrett as frivolous and for
failure to state a claim; Beasley also appeals the district
court’s order granting summary judgment to Defendant Dr. Berney
Keszler.
*
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that this opinion should not be published and is not precedent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. 99-50512
-2-
The district court did not err in determining that Beasley
failed to state a claim against Gill and Syrett as he has failed
to allege their personal involvement in his allegations that
Keszler and other medical personnel were deliberately indifferent
to his serious medical needs. See Woods v. Edwards, 51 F.3d
577, 583 (5th Cir. 1995).
The district court did not err granting summary judgment in
favor of Dr. Keszler. The crux of the dispute between the
parties is whether Beasley’s ailments were too severe to allow
him to perform certain prison labor. Beasley’s allegations are,
at most, complaints of medical malpractice which do not rise to
the level of a constitutional violation. See Varnado v. Lynaugh,
920 F.2d 320, 321 (5th Cir. 1991).
AFFIRMED.