Robert Courtney, Appellant, v. Dr. Carl Adams, Appellee, 528 F.2d 1056 (8th Cir. 1976)

This is a pro se civil rights action¹  brought by Robert Courtney, an inmate at Cummins Unit of the Arkansas Department of Correction. His petition alleged the deprivation of needed medical care, and named as respondent Dr. Carl Adams, a prison physician. Acting pursuant to 28 U.S.C. § 1915(d), the district court²  dismissed the petition as frivolous. Petitioner has taken this appeal.

In his petition Courtney alleged that he has a growth next to his heart which 'seemed to be enlarging,' and that he has been scheduled for a major operation. In order to relieve the continuous pain he allegedly experiences, petitioner sought from Dr. Adams a prescription for pain-killing medication and an advance in the date of his operation. Petitioner alleges that the doctor prescribed a medicine only 'about the same as aspirin' and that the date for his operation was not advanced.

As grounds for dismissing the petition, Judge Eisele held that it evidenced 'a mere disagreement with prison physician as to what is necessary and proper for the petitioner's medical care.' We concur in this characterization of the petition. Since the law is clear that such a medical disagreement fails to state a claim for relief, Mason v. Ciccone, 517 F.2d 73 (8th Cir. 1975); Jones v. Lockhart, 484 F.2d 1192 (8th Cir. 1973); Cates v. Ciccone, 422 F.2d 926 (8th Cir. 1970), the district court proceeded correctly in dismissing the petition.

The judgment of the district court is affirmed.