United States Court of Appeals,
Fifth Circuit.
No. 91–3650
Summary Calendar.
Roger MAYWEATHER, Plaintiff–Appellant,
v.
Charles C. FOTI, Jr., et al., Defendants–Appellees.
April 10, 1992.
Appeal from the United States District Court for the Eastern
District of Louisiana.
Before JONES, DUHÉ, and WIENER, Circuit Judges.
EDITH H. JONES, Circuit Judge:
Appellant Mayweather challenges the district court's
dismissal with prejudice, following a trial to the magistrate, of
his complaint for constitutionally inadequate medical care while in
the Orleans Parish prison. To the extent that treatment for his
back injury occurred while he was a pretrial detainee, he was
entitled to "reasonable medical care," Cupit v. Jones, 835 F.2d 82,
85 (5th Cir.1987); after conviction, his claim for inadequate
medical care would succeed only if he proved that the denial of
care constituted "deliberate indifference to serious medical
needs." Estelle v. Gamble, 429 U.S. 97, 104, 97 S.Ct. 285, 291, 50
L.Ed.2d 251 (1976).
Contrary to Mayweather's complaints, the record shows that he
received continuous treatment for his back injury despite his
incarceration. The treatment may not have been the best that money
could buy, and occasionally, a dose of medication may have been
forgotten, but these deficiencies were minimal, they do not show an
unreasonable standard of care, and they fall far short of
establishing deliberate indifference by the prison authorities.
Continuing back pain is unpleasant. Its existence does not,
however, in and of itself demonstrate that a constitutional
violation occurred.
The judgment of the district court is AFFIRMED.