USCA1 Opinion

May 30, 1995

[NOT FOR PUBLICATION]

UNITED STATES COURT OF APPEALS

FOR THE FIRST CIRCUIT

____________________

No. 95-1024

JERRY WILLIAM WEBER,

Plaintiff, Appellant,

v.

MARIE WEFERLING,

Defendant, Appellee.

____________________

APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MAINE

[Hon. Morton A. Brody, U.S. District Judge]

___________________

____________________

Before

Torruella, Chief Judge,

___________
Selya and Boudin, Circuit Judges.
______________

____________________

Jerry William Weber on brief pro se.

___________________
Valerie
Stanfill
__________________

and

Berman & Simmons, P.A.

_________________________

appellee.

____________________

on

brief

____________________

Per Curiam.
___________

Plaintiff

contends

that deliberate

indifference is established by his uncontradicted allegations

that

(1)

he

successfully

advised

prescribed

condition after

he

defendant

Minnesota

Triamcinolone for

doctor

had

plaintiff's skin

hydrocortisone had worsened the problem, (2)

urged defendant to review the

defendant refused to check

hydrocortisone,

which,

Minnesota records, (3) but

the record and instead prescribed

once again,

exacerbated plaintiff's

skin condition.

We

court that

agree with

fact

for

while

plaintiff

of

uncontradicted

both Triamcinolone and

hydrocortisone

conditions like plaintiff's, but that

stronger,

prescribing

to see a doctor.

who

prescribed

plaintiff's problem.

skin

genuine issue

has

more

risk

for

side

Because defendant, a physician's assistant, did not

comfortable

doctor,

and district

Defendant's

are used to treat skin

Triamcinolone,

to raise any

trial.

affidavit stated that

feel

magistrate judge

plaintiff failed

material

effects.

the

for

she

Triamcinolone,

which

alleviated

Plaintiff acknowledged below

the

advised

Plaintiff eventually did see the

problems would come and

responsible

Triamcinolone,

delay

go and that

in

that his

defendant was not

scheduling

doctor's

appointment.

defendant's

Rather,

refusal

to

plaintiff's

heed

hydrocortisone had exacerbated

contention

plaintiff's

a past flare

was

that

warning

that

up or to

check

-3-

the medical record and ascertain that a doctor had previously

prescribed

Triamcinolone successfully

manifested deliberate

indifference to plaintiff's medical needs.

We

plaintiff's

knowledge

occasion

disagree.

record

that

Neither defendant's failure to check

before

treating

hydrocortisone

had

his

failed

eczema

on

nor

her

previous

shows deliberate indifference to plaintiff's needs.

At best, there was a disagreement among medical professionals

as to the course of treatment.

rise

Such

a disagreement does not

to the level of a constitutional violation.

See Watson
___ ______

v. Caton, 984 F.2d 537, 540 (1st Cir. 1993); Sires v. Berman,
_____
_____
______

834

F.2d 9,

13

plaintiff from a

(1st Cir.

1987).

remedy which

Defendant

had worked in

told him to consult the prison

doctor.

but rather a

refusal to treat plaintiff,

did not

bar

the past;

she

The referral was not

further step in

the management

elapsed

of plaintiff's problem.

before plaintiff

actually

That several months

saw the

doctor was

defendant's fault, as plaintiff acknowledged below.

Affirmed.
________

-4-

not