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Anderson v. Bales

United States Court of Appeals For the Seventh Circuit
Mar 29, 2013
No. 12-2244 (7th Cir. Mar. 29, 2013)

Opinion

No. 12-2244

03-29-2013

SAMUEL LEE ANDERSON, Plaintiff-Appellant, v. ROBERT BALES, et al., Defendants-Appellees.


NONPRECEDENTIAL DISPOSITION

To be cited only in accordance with

Fed. R. App. P. 32.1


Before


WILLIAM J. BAUER, Circuit Judge


RICHARD A. POSNER, Circuit Judge


ANN CLAIRE WILLIAMS, Circuit Judge


Appeal from the United States District

Court for the Northern District of Illinois,

Western Division.


No. 09 C 50196


Frederick J. Kapala,

Judge.


ORDER

Samuel Anderson, an Illinois state prisoner, sued a prison doctor and two nurses for deliberate indifference to his hernia, hematuria, and cardiomyopathy, 42 U.S.C. § 1983. The district court granted summary judgment for the defendants, concluding that Anderson failed to present evidence challenging their medical judgment that his hernia could be treated adequately with non-surgical measures, and that Anderson had abandoned his claims regarding his other conditions.

Anderson appeals, but his scant brief is inadequate. We liberally construe pro se filings, Erickson v. Pardus, 551 U.S. 89, 94 (2007); Arnett v. Webster, 658 F.3d 742, 751 (7th Cir. 2011), but Anderson still must make a cogent argument with citations to the record and supporting authority, see FED. R. CIV. P. 28(a)(9); Correa v. White, 518 F.3d 516, 517 (7th Cir. 2008); Anderson v. Hardman, 241 F.3d 544, 545 (7th Cir. 2001). Anderson has failed to do so and thus has not preserved any issue for appeal. See Wehrs v. Wells, 688 F.3d 886, 891 n.2 (7th Cir. 2012); Mathis v. New York Life Ins. Co., 133 F.3d 546, 548 (7th Cir. 1998).

Even if Anderson had properly preserved his claim, it lacks merit. As the district court explained, the evidence showed that a doctor and nurse examined Anderson at least nine times (not including medicine renewals) between October 2008 and October 2009, diagnosed him with a reducible hernia, manually reduced the hernia, showed him how to reduce it on his own, and prescribed him pain killers and an abdominal binder to treat the hernia. Anderson's claim boils down to a disagreement with the doctor's medical judgment (he wanted surgery and the doctor concluded that he could be treated effectively without it), and a disagreement with a method of treatment does not support a claim of deliberate indifference. See Estelle v. Gamble, 429 U.S. 97, 103-05 (1976); Johnson v. Doughty, 433 F.3d 1001, 1014 (7th Cir. 2006); Taylor v. Turner, 884 F.2d 1088, 1090 (8th Cir. 1989).

DISMISSED.


Summaries of

Anderson v. Bales

United States Court of Appeals For the Seventh Circuit
Mar 29, 2013
No. 12-2244 (7th Cir. Mar. 29, 2013)
Case details for

Anderson v. Bales

Case Details

Full title:SAMUEL LEE ANDERSON, Plaintiff-Appellant, v. ROBERT BALES, et al.…

Court:United States Court of Appeals For the Seventh Circuit

Date published: Mar 29, 2013

Citations

No. 12-2244 (7th Cir. Mar. 29, 2013)

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