Ivory Simon v. James LeBlanc, et al
UNPUBLISHED OPINION FILED. [16-30858 Affirmed ] Judge: WED , Judge: EBC , Judge: GJC Mandate pull date is 08/11/2017 [16-30858]
Date Filed: 07/21/2017
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
July 21, 2017
Lyle W. Cayce
IVORY L. SIMON,
JAMES LEBLANC; TERRY L. TERRELL,
Appeal from the United States District Court
for the Western District of Louisiana
USDC No. 2:10-CV-201
Before DAVIS, CLEMENT, and COSTA, Circuit Judges.
PER CURIAM: *
Ivory L. Simon, Louisiana prisoner # 505008, appeals the district court’s
grant of the appellees’ motion for summary judgment in this 42 U.S.C. § 1983
suit, which raised claims concerning deliberate indifference to serious medical
needs. Simon argues that these defendants are liable to him under the theory
of respondeat superior and because they denied his grievances.
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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.
Date Filed: 07/21/2017
We review the grant of a motion for summary judgment de novo. Xtreme
Lashes, LLC v. Xtended Beauty, Inc., 576 F.3d 221, 226 (5th Cir. 2009).
Summary judgment “shall” be entered “if the movant shows that there is no
genuine dispute as to any material fact and the movant is entitled to judgment
as a matter of law.” FED. R. CIV. P. 56(a).
“Under section 1983, supervisory officials are not liable for the actions of
subordinates on any theory of vicarious liability.” Thompkins v. Belt, 828 F.2d
298, 303 (5th Cir. 1987). Accordingly, Simon’s argument that the appellees are
responsible for the wrongs perpetrated upon him because they had supervisory
authority is unavailing.
Because a prisoner does not have a
constitutional right to have his grievances resolved to his liking, Simon’s
argument that the appellees are liable to him because they denied his
grievances likewise fails. See Geiger v. Jowers, 404 F.3d 371, 373-74 (5th Cir.
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