Opinion

Johnson v. Wright

  • 324 F. App'x 144
Court
Court of Appeals for the Second Circuit
Filed
May 21, 2009
Status
Published
On the bench
Cabranes, Sotomayor, Wallace
Cited by
0 cases
Authority
More cited than 10.6%

The opinion

SUMMARY ORDER

Plaintiff-appellant James K. Johnson appeals pro se from a March 14, 2007 judgment dismissing his complaint against ten employees of the New York State Department of Correctional Services for allegedly violating his Eighth Amendment rights by providing inadequate medical treatment for a knee injury during his incarceration at Five Points Correctional Facility. We assume the parties’ familiarity with the underlying facts, the procedural history, and the issues on appeal.

In order to withstand a motion for summary judgment, Johnson must come forward with evidence showing that defendants “acted with deliberate indifference to his serious medical needs.” Pabon v. Wright, 459 F.3d 241, 247 (2d Cir.2006) (citing Estelle v. Gamble, 429 U.S. 97, 104 , 97 S.Ct. 285 , 50 L.Ed.2d 251 (1976)). Johnson has failed to meet this burden. As the District Court explained, “[Johnson] was treated for knee pain, and surgery was performed. That plaintiff may have preferred a more aggressive course of treatment, or more prompt surgery, does not show that defendants acted wantonly with the purpose of causing him pain.” Johnson v. Wright, 477 F.Supp.2d 572, 576 (W.D.N.Y.2007). We agree with the District Court’s assessment of the record, and Johnson’s new factual allegations, raised for the first time on appeal, do not compel a different result. See, e.g., Robinson v. Gov’t of Malaysia, 269 F.3d 133 , 146 (2d Cir.2001) (“In the absence of manifest injustice, we will not hear ... an assertion [not raised in the district court].” (internal quotation marks omitted)).

Accordingly, we AFFIRM the judgment of the District Court.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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