707 F. App'x 823
5th Cir.2018Background
- Claude Frazier, a paraplegic Louisiana prisoner, sued under 42 U.S.C. § 1983 claiming denial of medical care after a fall from a shower chair and refusal to provide an air mattress prescribed for bed sores.
- He also alleged the prison provided unsecured shower chairs (missing rubber stoppers) creating a safety risk for paraplegics.
- Medical records and affidavit evidence showed Frazier was examined after the fall, given pain medication, and received ongoing treatment for bed sores; medical staff determined an air mattress would not help.
- The prison’s medical director averred shower chairs were medical-grade and had rubber stoppers; no evidence supported Frazier’s claim that stoppers had been removed.
- Frazier did not exhaust administrative remedies as to the shower-area safety claim (no grievance filed).
- District court granted summary judgment for defendants; Frazier appealed and moved to amend and requested appointment of counsel.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Deliberate indifference for treatment after shower fall | Frazier: staff failed to properly diagnose/treat after fall | Defendants: staff examined him, provided pain meds, responsive to complaints | Summary judgment for defendants; no deliberate indifference shown |
| Refusal to provide prescribed air mattress | Frazier: denial caused pain and worsened bed sores | Defendants: considered request and concluded mattress would not help; provided ongoing care | Summary judgment for defendants; treatment choice is professional judgment, not deliberate indifference |
| Failure to provide safe shower area (administrative exhaustion) | Frazier: missing grievance but claims unsafe shower area | Defendants: claim unexhausted because no administrative grievance filed | Claim dismissed as unexhausted; summary judgment affirmed |
| Unsecured shower chair (alleged removal of stoppers) | Frazier: chairs lacked rubber stoppers and were dangerous | Defendants: chairs are medical-grade with stoppers; no evidence stoppers removed | Summary judgment for defendants; plaintiff failed to raise genuine factual dispute |
| Appointment of counsel / other unbriefed issues | Frazier: requested counsel; contends summary judgment on "non-disputed" claims was erroneous | Defendants: not argued; court notes lack of briefing | Issues abandoned for failure to brief; motion for counsel denied implicitly; summary judgment affirmed |
Key Cases Cited
- Nickell v. Beau View of Biloxi, L.L.C., 636 F.3d 752 (5th Cir. 2011) (standard of review for summary judgment)
- Gobert v. Caldwell, 463 F.3d 339 (5th Cir. 2006) (deliberate indifference requires denial, purposeful improper treatment, or ignoring complaints)
- Estelle v. Gamble, 429 U.S. 97 (1976) (disagreement about medical judgment does not establish Eighth Amendment violation)
- Jones v. Bock, 549 U.S. 199 (2007) (exhaustion requirement for prison grievances)
- Anderson v. Liberty Lobby, Inc., 477 U.S. 242 (1986) (nonmovant cannot rely on mere allegations to defeat summary judgment)
- Yohey v. Collins, 985 F.2d 222 (5th Cir. 1993) (issues not briefed are abandoned)