Professional Documents
Culture Documents
Williams v. Prison Health Serv, 10th Cir. (2005)
Williams v. Prison Health Serv, 10th Cir. (2005)
MAY 9 2005
PATRICK FISHER
Clerk
DAVID A. WILLIAMS,
Plaintiff - Appellant,
v.
PRISON HEALTH SERVICES,
Employees of unknown names,
individual and official capacities,
Doctor and Assistant PHS
Nurses, El Dorado KS; (FNU) PHAM,
Doctor, in his individual and official
capacity; LOUIS E. BRUCE, Acting
Warden Director of El Dorado
Correctional Facility, in his
individual and official capacity;
WILLIAM L. CUMMINGS,
Warden, El Dorado Correctional
Facility, in his individual and official
capacity; JULIE (RIDDLE) ST.
PETER,
No. 04-3190
(D.C. No. 02-CV-3326-MLB)
(D. Kan.)
Defendants - Appellees.
ORDER AND JUDGMENT
After examining the briefs and appellate record, this panel has determined
unanimously that oral argument would not materially assist the determination of
this appeal. See Fed. R. App. P. 34(a)(2); 10th Cir. R. 34.1(G). The case is
therefore ordered submitted without oral argument. 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not binding precedent, except under the doctrines of law of the case, res judicata,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.
Inc. , 144 F.3d 664, 670 (10th Cir. 1998). Under Rule 56(c), summary judgment is
proper if there is no genuine issue as to any material fact and . . . the moving
-2-
v. Shidler , 338 F.3d 1125, 1136 (10th Cir. 2003) (quotation omitted).
To establish an Eighth Amendment violation, Williams must prove that
defendants acted with deliberate indifference to his serious medical needs.
See
a difference of opinion between Williams and the prison medical staff about
medical treatment does not constitute deliberate indifference.
Stephan , 6 F.3d 691, 692 (10th Cir. 1993).
-3-
See Johnson v.
that he must continue making partial payments on court fees and costs previously
assessed until such have been paid in full.
Entered for the Court
Carlos F. Lucero
Circuit Judge
-4-