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TUCKER v. QUINLAN

October 16, 1990

ERNEST TUCKER, Plaintiff,
v.
J. MICHAEL QUINLAN, Director, U.S. Bureau of Prisons, and RICHARD L. THORNBURGH, Attorney General of the United States, Defendants



The opinion of the court was delivered by: HARRIS

 STANLEY S. HARRIS, UNITED STATES DISTRICT JUDGE

 This matter is before the Court on defendants' motion to dismiss. Upon consideration of the motion, plaintiff's opposition, and the entire record, the Court concludes that the motion should be granted.

 Plaintiff is an inmate at the federal penitentiary in Leavenworth, Kansas. He filed this action claiming that defendants violated his Eighth Amendment right to adequate medical care. Specifically, plaintiff claims that defendants have ignored a knee condition that requires surgery.

 Despite the doctor's finding, plaintiff maintains that his knee requires surgery, that it has since June, 1987, and that the delay in providing surgery constitutes a showing of deliberate indifference. Plaintiff's personal opinion that his knee requires surgery is insufficient to support an Eighth Amendment claim. See, e.g., Smart v. Villar, 547 F.2d 112, 114 (10th Cir. 1976); Henderson v. Sec'y of Corrections, 518 F.2d 694, 695 (10th Cir. 1975). Furthermore, plaintiff's own exhibits indicate that, during the period he claims treatment has been delayed, prison medical personnel, including at least three doctors, have examined his knee. Thus, the Court finds no evidence of a delay constituting deliberate indifference. Accordingly, it hereby is

 ORDERED, that defendants' motion to dismiss this action is granted.

 SO ORDERED.

19901016

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