268 F. App'x 358

John Stephan PARISIE, Plaintiff-Appellant v. CORRECTIONAL MEDICAL SERVICES INC., Located in St. Louis, Missouri; Pharmacorrx, Defendants-Appellees.

No. 06-61138

Summary Calendar.

United States Court of Appeals, Fifth Circuit.

March 7, 2008.

John Stephan Parisie, Meridian, MS, pro se.

Samuel Lynn Murray, Brunini, Grat-ham, Grower & Hewes, Jackson, MS, for Defendants-Appellees.

Before KING, DAVIS and CLEMENT, Circuit Judges.

PER CURIAM: *

John Stephan Parisie, Mississippi prisoner # K8188, filed the instant 42 U.S.C. *359§ 1983 suit to seek redress for alleged acts of deliberate indifference to his medical needs while incarcerated at the Mississippi State Penitentiary in Parchman, Mississippi. Parisie appeals the district court’s grant of summary judgment in favor of Correctional Medical Services, Inc. (CMS), PharmaCorr, L.L.C. (PharmaCorr), the dismissal of Dr. Juan Santos, and the dismissal of Parisie’s § 1983 suit. Parisie has also filed a motion to supplement his brief on appeal to add certain exhibits.

Parisie asserts that PharmaCorr was deliberately indifferent to his medical needs by failing to timely refill his prescriptions and that CMS and its agent, Dr. Santos, also acted with deliberate indifference in failing to timely provide medical treatment. He asserts that he suffered substantial harm as a result of the defendants’ acts of deliberate indifference.

Our review of the record reveals no error in connection with the district court’s grant of summary judgment in favor of PharmaCorr and CMS. See Cousin v. Small, 325 F.3d 627, 637 (5th Cir.2003); Fed.R.Civ.P. 56(c). The record evidence does not show that PharmaCorr acted with deliberate indifference in failing to process Parisie’s requests. Because Pari-sie does not challenge the district court’s determination that CMS cannot be vicariously liable for the actions of agents, he has abandoned the issue on appeal. See Brinkmann v. Dallas County Deputy Sheriff Abner, 813 F.2d 744, 748 (5th Cir. 1987); Yohey v. Collins, 985 F.2d 222, 224-25 (5th Cir.1993).

Further, the undisputed medical evidence does not demonstrate that Dr. Santos acted with deliberate indifference or that Parisie suffered any substantial harm as a result of the alleged delay in medical treatment. See Farmer v. Brennan, 511 U.S. 825, 837, 114 S.Ct. 1970, 128 L.Ed.2d 811 (1994); Mendoza v. Lynaugh, 989 F.2d 191, 195 (5th Cir.1993). The facts underlying Parisie’s claim do not clearly evince the need for the medical care he claims Dr. Santos denied him. See Johnson v. Treeu, 759 F.2d 1236, 1238 (5th Cir.1985). Parisie has failed to show any error in connection with the district court’s judgment. Accordingly, that judgment is AFFIRMED. Parisie’s motion to supplement his brief is DENIED.

Parisie v. Correctional Medical Services Inc.
268 F. App'x 358

Case Details

Name
Parisie v. Correctional Medical Services Inc.
Decision Date
Mar 7, 2008
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268 F. App'x 358

Jurisdiction
United States

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