IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 01-10358
Summary Calendar
CHARLES LAVERN BEASLEY,
Plaintiff-Appellant,
versus
JANE SAWYER, Captain; NFN HINES, Deputy;
KEITH RHYNES, Jail Guard; VIRGIL BRYANT, Jail Guard;
NFN BOWERS, Doctor; DANNY SHIELDS, Lieutenant; MARVIN KING,
Defendants-Appellees.
--------------------
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 3:00-CV-788-BD
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September 27, 2001
Before REAVLEY, HIGGINBOTHAM and WIENER, Circuit Judges.
PER CURIAM:*
Charles Lavern Beasley (“Beasley”) appeals the district
court’s grant of summary judgment dismissing his 42 U.S.C. § 1983
civil rights action, in which Beasley alleged that the
defendants** were deliberately indifferent to his serious medical
needs. Beasley contends that while he was housed at the Dallas
*
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that this opinion should not be published and is not precedent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.
**
By failing to make appellate arguments regarding the
district court’s earlier dismissal of defendants Hines, Bowers,
and King, Beasley has abandoned any claims against those
defendants. Yohey v. Collins, 985 F.2d 222, 224-25 (5th Cir.
1993); FED. R. APP. P. 28(a)(9).
No. 01-10358
-2-
County Jail, the defendants prevented him from receiving his
hypertension medication and failed to treat him properly for
arthritis.
We review a district court’s grant of summary judgment de
novo, applying the same standard as would the district court.
Melton v. Teachers Ins. & Annuity Ass’n of Am., 114 F.3d 557, 559
(5th Cir. 1997). The Eighth Amendment’s prohibition against
“cruel and unusual punishment” protects an inmate from improper
medical care only if the care is “sufficiently harmful to
evidence deliberate indifference to serious medical needs.”
Estelle v. Gamble, 429 U.S. 97, 106 (1976).
The evidence does not indicate that the defendants acted
with deliberate indifference to Beasley’s medical needs. See
Farmer v. Brennan, 511 U.S. 825, 847 (1994); Reeves v. Collins,
27 F.3d 174, 176-77 (5th Cir. 1994). Unsuccessful medical
treatment, acts of negligence, or medical malpractice are
insufficient to give rise to a § 1983 action. See Varnado v.
Lynaugh, 920 F.2d 320, 321 (5th Cir. 1991).
The district court’s grant of summary judgment in favor of
the defendants is AFFIRMED.
Beasley v. Sawyer
Combined Opinion