Frost

Opinion by Judge D.W. NELSON; Partial Concurrence and Partial Dissent by Judge GOODWIN.

Arizona state prisoner Raymond Ludwig Frost, a former Maricopa County detention officer, appeals the district court’s summary judgment dismissal of all but one of the claims listed in his 42 U.S.C. § 1983 complaint. Frost also appeals the district court’s decision to deny as untimely his demand for a jury trial to resolve his remaining claim.

We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm in part and reverse and remand in part.

BACKGROUND

While engaged in a gunfight with police officers, Frost sustained bullet wounds in both legs. He subsequently was apprehended and charged with the attempted murder of a police officer, kidnapping, and armed robbery. For the duration of his incarceration as a pretrial detainee, Frost was classified as a high-security, close custody inmate.

Because a bullet had pulverized his right-tibia, Frost underwent surgery at the Mari-copa County Medical Center (“Medical Center”) on June 10, 1988; his right leg was placed in a long-leg cast and he was required to use crutches. Frost remained in the detention ward of the Medical Center until June 21,…

Dissenting in part, Concurring in part:

I respectfully dissent from that part of the majority opinion which grants any relief to the appellant. It is apparent from the fact set forth by the majority that this prisoner has been amusing himself by engaging in recreational litigation. The trial judges who have been dealing with these cases for the last four years were correct in terminating the cases at the motion stage. Even if every claim made by the prisoner were factually true, no federal constitutional right has been violated by the named defendants, and Rule 12(b) dismissals were properly granted for failure to state a claim. The claims that got beyond Rule 12 were also properly disposed of on the merits. Every disagreement between a prisoner and his keepers about the management of the institution is not a eonsti- *1132 tutional question. I concur m those portions of the careful and conscientious opinion which affirmed the district court, but I cannot concur in federalizing in constitutional terms the garden variety grievances described by this disgruntled former officer, now experiencing detention in admittedly less than ideal circumstances.