Michael Jett v. Tim Keith
667 F. App'x 465
| 5th Cir. | 2016Background
- Plaintiff Michael Jerome Jett, a Louisiana prisoner, sued Winn Correctional Center and multiple prison medical staff under 42 U.S.C. § 1983 alleging inadequate medical care, denial of accommodations, and cruel and unusual punishment.
- District court dismissed the complaint as frivolous and for failure to state a claim under 28 U.S.C. § 1915(e)(2)(B) and § 1915A(b)(1); Jett appealed and sought appointed counsel.
- Specific factual complaints included denial and temporary removal of a walking cane, denial of eyeglasses, an x-ray of the wrong foot, and verbal abuse by staff.
- Record evidence showed the cane was returned; Jett provided no evidence supporting claims about eyeglasses or the wrong x-ray.
- Court treated allegations of negligence and verbal abuse as insufficient to make out an Eighth Amendment deliberate indifference claim under § 1983 and found some arguments waived for failing to raise them below.
- Court affirmed dismissal, denied counsel, and warned this dismissal counts as one strike under 28 U.S.C. § 1915(g).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Denial of cane and removal | Jett: medical staff refused cane then took it away | Records show cane was returned; no ongoing denial | Court: claim unsupported; dismissal affirmed |
| Denial of eyeglasses and wrong x-ray | Jett: staff ignored eyeglass request and x-rayed wrong foot | No evidence provided; at most negligence | Court: negligence or missed care not § 1983 deliberate indifference; dismissed |
| Qualifications of medical staff | Jett: staff lacked required certification | Issue not raised in district court | Court: waived on appeal |
| Verbal abuse by staff | Jett: staff were verbally abusive | Verbal abuse alleged but not rising to constitutional violation | Court: verbal abuse does not state Eighth Amendment claim; dismissed |
| Request for appointment of counsel | Jett sought counsel on appeal | No basis shown for appointment | Court: motion denied |
| Sanction under § 1915(g) | N/A | Dismissal warranted as frivolous/failure to state | Court: one strike imposed; warned about third strike bar |
Key Cases Cited
- Geiger v. Jowers, 404 F.3d 371 (5th Cir. 2005) (standard of review for § 1915 dismissals)
- Brinkmann v. Dallas Cnty. Deputy Sheriff Abner, 813 F.2d 744 (5th Cir. 1987) (issues not argued on appeal are abandoned)
- Varnado v. Lynaugh, 920 F.2d 320 (5th Cir. 1991) (negligent medical care does not state a § 1983 claim)
- Leverette v. Louisville Ladder Co., 183 F.3d 339 (5th Cir. 1999) (failure to raise issue below waives it on appeal)
- Bender v. Brumley, 1 F.3d 271 (5th Cir. 1993) (verbal abuse alone not an Eighth Amendment violation)
- Ashcroft v. Iqbal, 556 U.S. 662 (2009) (pleading standards for failure to state a claim)
- Samford v. Dretke, 562 F.3d 674 (5th Cir. 2009) (per curiam) (affirming dismissal standards)
- Cooper v. Sheriff, Lubbock Cnty., Tex., 929 F.2d 1078 (5th Cir. 1991) (appointment of counsel standard)
- Adepegba v. Hammons, 103 F.3d 383 (5th Cir. 1996) (dismissal as frivolous counts as a strike under § 1915(g))