Scott A. Higgins v. Dr. Charles Townsend Dr. Marjorie Smith

97 F.3d 1459 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Scott A. HIGGINS, Plaintiff-Appellant, v. Dr. Charles TOWNSEND; Dr. Marjorie Smith, Defendants-Appellees. No. 94-35472. United States Court of Appeals, Ninth Circuit. Submitted Sept. 10, 1996. * Decided Sept. 13, 1996. Before: FLETCHER, BRUNETTI and NOONAN, Circuit Judges. 1 MEMORANDUM ** 2 Scott Higgins, a former Alaska state prisoner, appeals pro se the district court's summary judgment in favor of physicians Charles Townsend and Marjorie Smith in his 42 U.S.C. § 1983 action alleging that they acted with deliberate indifference to his serious medical needs by failing to treat him with Tegretol, an anti-seizure medication. In his complaint, Higgins asked only that he be placed under the care of the prison doctor that had previously authorized his treatment with Tegretol, and that he be given further examinations which would, in his opinion, lead to his being treated with Tegretol. Higgins has since been…