### IN THE UNI TED STAT ES COURT OFAPPEALS FOR THE FIF TH CIRCU IT

No. 11-20051 Summary Calendar

PATRICK BERNARD SMITH, Plaintiff-Appellant

v. BETTY WILLIAMS, M.D.; BRENDA HOUGH , N

. P.; CHARLES NAGEL; V I C T O R I A R A Y ; U N I V E R S I T Y O F T E X A S M E D I C A L BRANCH/CORRECTIONAL MANAGED HEALTH CARE COMMITTEE; SHANTA CRAWFORD; DR LANNETTE LINTHICUM; ALFRED JANICEK; NATHANIEL QUARTERMAN; SGT. MICHAEL OLSEN; CO SEAN MURRAY; R OBERT D. ROE; HOWARD K. BENNETT; RANDALL HEALY; MAR K M I N S H E W ; C O R R ECTIONAL OF F I C E R P E N E L O P E R

. B U R N E S ; C O RR E C TI O N

AL O F FI C E R KEVI N L

. CARLVI N ; C O RR E C T I O NAL O F FI C E R JESSE L. DAVIS; CORRECTIONAL OFFICER DOMENIC O DEPALMA; CORRECTIONAL OF F ICER ERIC A. MCCLENDON; CORRECTIONAL OFFICER GREG S. VICKERY; CORRECT IONAL OFFICER DAVID K. WRIGHT, Defendants-Appellees

Appeal from the United States District Court for the Southern District of Texas USDC No. 4:09-CV-1025

Before WIENER, GARZA, and CLEMENT, Circuit Judges. PER CURIAM: * U n i te d S ta te s C o u rt o f A p p ea l s F i ft h C i rc u i t 

### F I L E D March 22 , 20 12 Lyle W . Cayce Clerk

Pur sua nt to 5 T H C IR

. R. 47.5 , the cour t has det erm inedt hat this op inion sho uld not * be publ ish ed and is not pr ece dent excep t unde r the lim ite d cir cum st ance s se t for th in 5 T H C IR

. Case: 11-20051 Document: 00511797384 Page: 1 Date Filed: 03/22/2012No. 11-20051

Plaintiff-Appellant Patrick Bernard Smith appeals the dismissal of his 42 U.S. C

. § 1983 action against four of the original defendants, namely, Betty Williams, Brenda Hough, Charles Nagel, Victoria Ray, and two subsequently added defendants, namely, correction officers David Fransaw and Sgt. Cable, who together are the only defendants who were not previously dismissed. The action arises from knee injuries Smith suffered a t the O.B. Ellis Unit of the Texas Department of Criminal Justice in 2007. Summary judgme n t was properly granted in favor of the medical defendants, Williams, Hough, Nagel, and Ray, because Smith failed to identify any genuinely contested issue of material fact whether any of these defendants acted with deliberate indifference to a serious medical need. See F E D E RA L RU L E O F C IV I L P R O C E D U R E 56(a). Al t h o u gh the record reveals some possibly inaccurate assessme n t s o f S m ith’s knee problem, due largely to his failure to cooperate and the skepticism that it generated, the plethora of summary judgment evidence in the record establishes that, despite their skepticism, the medical defendants conscientiously examined and treated Smith. He offers only his own bald conclusions, refuted by the medical record, that these defendants refused to act to remedy his medical condition. Smith’s complaint is, at best, a claim of negligence, malpractice, or mere disagreement about the course of treatment. See Varnado v. Lynaugh , 920 F.2d 320, 321 (5th Cir. 199 1). H i s b rief on appeal, even when liberally construed, demonstrates t h a t Smith has failed to make any coherent challenge to the district court’s dismissal of the claims against c o r r ection officers Fransaw and Cable under 28 U.S.C. §§ 1915 & 1915A and 42 U.S.C. § 1997e(c). At best, he has offered only vague and unsupported accusations that t h e y u s ed excessive force, interfered with medical treatment, and retaliated against him for exercising his constitutional rights. Such unadorned accusations that these defend a n t s caused some harm

R. 47.5 .4. 2 Case: 11-20051 Document: 00511797384 Page: 2 Date Filed: 03/22/2012No. 11-20051

are in s ufficient to support a claim that constitutional rights were violated. Ashcroft v. Iqbal , 556 U.S. 662, __, 129 S. Ct. 1937, 1949 (2009). Smith has also failed to state a plausible or coherent claim for violation of the Americans with Disabilities Act. See id. In summary, Smith has failed to show any error i n the dismissal of any claim against any defendant. The judgment of the di s t r i c t court is therefore AFFIRMED

3 Case: 11-20051 Document: 00511797384 Page: 3 Date Filed: 03/22/2012