Williams v. TX Dept Crim Justice , 73 F. App'x 727 ( 2003 )

United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS August 22, 2003
Charles R. Fulbruge III
FOR THE FIFTH CIRCUIT Clerk
No. 02-41611
Summary Calendar
BRUCE DARRELL WILLIAMS,
Plaintiff-Appellant,
versus
SUBHASH JOSHI, M.D.; TODD FOXWORTH,
Defendants-Appellees.
Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 3:00-CV-65
Before HIGGINBOTHAM, DAVIS, and PRADO, Circuit Judges.
PER CURIAM:*
Bruce Darrell Williams, Texas prisoner # 746494, appeals the
district court’s dismissal of his 42 U.S.C. § 1983 complaint as
frivolous and for failure to state a claim pursuant to 28 U.S.C. §
1915(e)(2)(B)(i) and (ii). He argues that he broke his hand and
that due to the deliberate indifference of Subhash Joshi, M.D., he
was denied appropriate medical treatment. Williams asserts that he
*
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this opinion should not be published and is not precedent except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.
developed reflex sympathetic distrophy (RSD)_due to Dr. Joshi’s
negligence and that surgery will be necessary to correct the
problem. Unsuccessful medical treatment, negligence, and medical
malpractice are insufficient to give rise to a constitutional
violation.1 Because Dr. Joshi’s actions amount at most to
negligence or medical malpractice, the district court did not err
in dismissing Williams’s complaint as frivolous and for failure to
state a claim pursuant to § 1915(e)(2)(B)(i) and (ii).2
AFFIRMED.
1
See Varnado v. Lynaugh, 920 F.2d 320, 321 (5th Cir. 1991).
2
Id.-2-