United States Court of Appeals
Fifth Circuit
FILED
IN THE UNITED STATES COURT OF APPEALS June 23, 2004
FOR THE FIFTH CIRCUIT
Charles R. Fulbruge III
Clerk
No. 03-20961
Conference Calendar
WILLIAM COOPER; ET AL.,
Plaintiffs,
WILLIAM COOPER,
Plaintiff-Appellant,
versus
TOMMY THOMAS, Sheriff,
Defendant-Appellee.
--------------------
Appeal from the United States District Court
for the Southern District of Texas
USDC No. H-03-CV-136
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Before BARKSDALE, DeMOSS, and CLEMENT, Circuit Judges.
PER CURIAM:*
William Cooper, Texas prisoner # 1180768, appeals the
district court’s summary judgment in favor of Sheriff Tommy
Thomas of Harris County, dismissing Cooper’s 42 U.S.C. § 1983
complaint. Cooper argues that, contrary to the district court’s
determination, he was exposed to asbestos in the county jail.
*
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that this opinion should not be published and is not precedent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. 03-20961
-2-
Because Cooper sued only Sheriff Thomas and did not allege
that Sheriff Thomas was personally involved in his claims, Cooper
was required to show that Sheriff Thomas “implement[ed] a policy
so deficient that the policy itself is a repudiation of
constitutional rights and is the moving force of the
constitutional violation.” Thompkins v. Belt, 828 F.2d 298, 304
(5th Cir. 1987). As the district court determined, Cooper failed
to show that any policy implemented by the jail resulted in his
exposure to asbestos in violation of the Fourteenth or Eighth
Amendments. Although Cooper asserts that he was enrolled in an
upholstery-repair class during his incarceration at the jail and
that the class was conducted in the basement where high levels of
asbestos were found, he did not make this factual assertion in
the district court. He, thus, fails to demonstrate plain error.
See Robertson v. Plano City of Texas, 70 F.3d 21, 23 (5th Cir.
1995). Cooper’s request for a medical examination and chest
x-ray became moot upon his transfer to the state penitentiary.
See Herman v. Holiday, 238 F.3d 660, 665 (5th Cir. 2001).
Cooper has waived his inadequate-medical-care claim by
failing to brief it on appeal. See Yohey v. Collins, 985 F.2d
222, 225 (5th Cir. 1993).
Based on the foregoing, the district court’s judgment is
AFFIRMED.