Summary Calendar JAMES HENRY ADUDDLE v. FORT BEND COUNTY, A Political Subdivision of the State of Texas; SHERIFF MILTON WRIGHT

06-20913Court of Appeals for the Fifth Circuit11 de dez. de 2007

Abrir fonte

Texto completo

* 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should not be published and is not precedent except under the limited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.
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 06-20913
Summary Calendar
JAMES HENRY ADUDDLE
Plaintiff-Appellant
v.
FORT BEND COUNTY, A Political Subdivision of the State of Texas; SHERIFF
MILTON WRIGHT
Defendants-Appellees
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 4:04-CV-2867
Before JOLLY, DENNIS and PRADO, Circuit Judges.
PER CURIAM:*
James Henry Aduddle appeals the district court’s dismissal on summary
judgment of his 42 U.S.C. § 1983 civil rights suit and its subsequent denial of his
motion for relief from judgment. Because Aduddle neither alleges nor shows
that the alleged violation of his constitutional right to adequate medical
treatment arose from the enforcement of an official policy or custom, the district
court did not err in dismissing his claims against Fort Bend County and Sheriff
United States Court of Appeals
Fifth Circuit
F I L E D
December 11, 2007
Charles R. Fulbruge III
Clerk

-- 1 of 2 --

No. 06-20913
2
Wright in his official capacity. See McKinney v. Irving Indep. Sch. Dist.,
309 F.3d 308, 312 (5th Cir. 2002); Woodward v. Andrus, 419 F. 3d 348, 352 (5th
Cir. 2005). Aduddle’s claim against Sheriff Wright in his individual capacity
fails because he offers nothing more than unfounded assertions to establish that
Sheriff Wright’s actions resulted in the alleged denial of medical treatment. See
Alton v. Texas A&M Univ., 168 F.3d 196, 200 (5th Cir. 1999). Dismissal is also
warranted because Aduddle fails to raise a genuine issue of material fact
regarding whether defendants were deliberately indifferent to his medical needs.
See Hare v. City of Corinth, Miss., 74 F.3d 633, 643 (5th Cir. 1996).
AFFIRMED.

-- 2 of 2 --

Continue sua pesquisa no ChatGPT ou Claude

Conecte o Omnilex para pesquisar o corpus jurídico pelo seu assistente de IA.