81 F.3d 172: Santiago Franco, Plaintiff-appellant, v. City of Lovington, Lea County, Forrest Bostick, Director,lea County Detention Facility; Bill P. Lane,sheriff, Lea County, Defendants-appellees

Plaintiff Santiago Franco brought a 42 U.S.C. § 1983 civil rights action alleging Defendants violated his Fourteenth Amendment Due Process rights by denying him medical treatment. The district court dismissed Plaintiff's complaint as frivolous pursuant to 28 U.S.C. § 1915(d). We exercise jurisdiction under 28 U.S.C. § 1291 and affirm.

In his complaint, Plaintiff maintained that Defendants violated his Due Process rights by denying him medical treatment on numerous occasions between January and October 1994. The district court dismissed the portion of Plaintiff's claim dealing with alleged medical treatment deprivations between January and August 1994 on res judicata grounds. The court noted that Plaintiff did not raise a Due Process claim in a prior negligence action he filed against Defendants, although that suit was predicated on the same factual allegations of medical deprivations between January and August 1994. See Franco v. Lane, No. 95-2039, 57 F.3d 1080 (Table), 1995 WL 355228, at * 1 (10th Cir. June 14, 1995). The court dismissed the portion of Plaintiff's claim dealing with alleged medical deprivations between September and October 1994 on the grounds that Plaintiff had not demonstrated " 'deliberate indifference to serious medical needs.' " See id. (affirming district court's dismissal of Plaintiff Franco's complaint because Plaintiff failed to allege Defendants acted with deliberate indifference); Ramos v. Lamm, 639 F.2d 559, 575 (10th Cir.1980) (quoting Estelle v. Gamble, 429 U.S. 97, 106 (1976)), cert. denied, 450 U.S. 1041 (1981). We have examined the entire record on appeal and affirm for substantially the same reasons set forth in the district court's order.

AFFIRMED.