RICKEY LAVERN SHEPPARD,
JUDY OWEN, Head Nurse, Health
Administrator; MICHAEL CODY,
JUDY OWEN, Head Nurse, Health Administrator; MICHAEL CODY, Warden;DENNIS COTNER, Head Administrator; PRICILLA DRUMMOND, Head Nurse, O.S.P.; C. CASE, Nurse; GALE SMITH, C/O II,
Before TACHA, McKAY, and MURPHY, Circuit Judges.
Rickey L. Sheppard appeals the district court's dismissal of his civil rights complaint brought pursuant to 42 U.S.C. § 1983. In his complaint, Sheppard asserted that the defendants were deliberately indifferent to his medical needs in violation of the Eighth Amendment to the United States Constitution. In a thorough order, the district court noted that the record clearly demonstrated repeated meetings between Sheppard and prison medical staff and concluded that in light of the evidence of a "series of sick calls, examinations, diagnoses, and medication . . . it cannot be said there was 'deliberate indifference' to the prisoner's complaints." Smart v. Villar, 547 F.2d 112, 114 (10th Cir. 1976). Furthermore, the district court held that Sheppard's difference of opinion with the prison medical staff as to the kind and quality of medical care necessary under the circumstances could not support a claim under § 1983. See McCracken v. Jones, 562 F.2d 22, 24 (10th Cir. 1977).
This court has conducted a de novo review of the parties' briefs and contentions, the thorough district court order, and the entire record on appeal. In light of that close review, this court AFFIRMS for substantially those reasons
set forth in the district court's order of dismissal dated August 11, 1998.
ENTERED FOR THE COURT:
Michael R. Murphy
*. This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata and collateral estoppel. The court generally disfavors the citation of orders and judgments; nevertheless, an order and judgment may be cited under the terms and conditions of 10th Cir. R. 36.3.