Keith Brown v. Jeffrey Beard, 445 F. App'x 453

Brown, a pro se inmate at Pennsylvania State Correctional Institution at Huntington, filed a 42 U.S.C. § 1983 complaint alleging deliberate refusal of surgery for a reducible umbilical hernia beginning November 2008.
District Court dismissed the complaint for failure to state a claim and denied Brown's requests for injunctions, medical exam, counsel, and leave to amend; some relief motions were deemed withdrawn or moot.
The District Court also declined to consider Brown's state-law negligence and medical malpractice claims after dismissal.
On appeal, Brown challenged the dismissal and the denials of injunctive relief and counsel, seeking appellate counsel.
We review the dismissal de novo and affirm, finding no substantial question on appeal.

Issue	Plaintiff's Argument	Defendant's Argument	Held
whether the failure to perform surgery violated the Eighth Amendment	Brown contends defendants refused necessary surgery despite doctor recommendation.	Medical staff formed a judgment that surgery was not required; care provided included pain meds, binder, and monitoring.	No Eighth Amendment violation; professional medical judgment and no deliberate indifference.
whether Brown's equal protection claim had merit	Inmates with reducible hernias received unequal treatment and faster care.	Brown is not in a protected class; no evidence of arbitrary, intentional discrimination against him.	Lacks merit; no similarly situated comparator shown and no rational basis established.
whether district court abused its discretion in leave to amend and related relief	Amendment could cure deficiencies and state-law claims deserve consideration.	Proposed amendments would be futile; state-law claims properly declined after dismissal.	No abuse; leave to amend denied as futile and state-law claims appropriately addressed.
whether the district court erred in denying preliminary injunctive relief and appointment of counsel	Urgent relief and counsel were necessary to address ongoing mistreatment.	Brown failed to show likelihood of success and other factors; counsel not warranted.	No error; denial affirmed.

Estelle v. Gamble, 429 U.S. 97 (U.S. 1976) (prisoners' right to basic medical care; deliberate indifference standard)
White v. Napoleon, 897 F.2d 103 (3d Cir. 1990) (professional medical judgment governs treatment decisions)
Reynolds v. Wagner, 128 F.3d 166 (3d Cir. 1997) (cost considerations do not violate constitutional rights to care)
Village of Willowbrook v. Olech, 528 U.S. 562 (U.S. 2000) (arbitrary discrimination; equal protection standard)
Hill v. Borough of Kutztown, 455 F.3d 225 (3d Cir. 2006) (elements of equal protection claim when not in a protected class)
McMullen v. Maple Shade Twp., 643 F.3d 96 (3d Cir. 2011) (plenary review of dismissal; standard of review clarified)
Tabron v. Grace, 6 F.3d 147 (3d Cir. 1993) (role of counsel in civil rights actions; discretionary denial rationale)
Massarsky v. General Motors Corp., 706 F.2d 111 (3d Cir. 1983) (leave to amend can be denied if futile)
Erie Telecommunications, Inc. v. City of Erie, 853 F.2d 1084 (3d Cir. 1988) (appellate court may affirm on grounds different from lower court)