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Smith v. Pinchback

United States Court of Appeals, Fifth Circuit
Jun 13, 2007
242 F. App'x 132 (5th Cir. 2007)

Opinion

No. 05-41289 Summary Calendar.

June 13, 2007.

Darnell R. Smith, Beeville, TX, pro se.

Gerard Raphael Rawls, Beaumont, TX, for Defendant-Appellee.

Appeal from the United States District Court for the Southern District of Texas, USDC No. 2:02-CV-548.

Before JOLLY, DENNIS, and CLEMENT, Circuit Judges.


Darnell R. Smith, Texas prisoner #666016, filed the instant 42 U.S.C. § 1983 suit to seek redress for the defendants' alleged deliberate indifference to his serious medical needs. Smith appeals the trial court's dismissal of his suit. Smith contends that the court erred by dismissing defendant Kennedy from the suit because she denied his grievance and because she should have known of the dental defendants' refusal to treat him but did nothing to help him. Neither of these assertions establishes a viable claim against this defendant. See Geiger v. Jowers, 404 F.3d 371, 374 (5th Cir. 2005); Stewart v. Murphy, 174 F.3d 530, 536 (5th Cir. 1999). Smith has thus failed to show that the district court acted erroneously by dismissing this claim.

Smith further argues that the trial court erred by dismissing his claims against the remaining defendants. He maintains that he did not receive proper dental care and that he endured severe pain because the defendants did not promptly treat his serious dental problems. The record evidence supports the court's conclusions that Smith received extensive dental care and that the defendants did not exhibit deliberate indifference to his serious medical needs. See Farmer v. Brennan, 511 U.S. 825, 837, 114 S.Ct. 1970, 128 L.Ed.2d 811 (1994). The judgment of the trial court is AFFIRMED.


Summaries of

Smith v. Pinchback

United States Court of Appeals, Fifth Circuit
Jun 13, 2007
242 F. App'x 132 (5th Cir. 2007)
Case details for

Smith v. Pinchback

Case Details

Full title:Darnell R. SMITH, Plaintiff-Appellant, v. Dr. Allan PINCHBACK, et al.…

Court:United States Court of Appeals, Fifth Circuit

Date published: Jun 13, 2007

Citations

242 F. App'x 132 (5th Cir. 2007)

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