Gary Cooper v. Dao Hung

PER CURIAM: *

Plaintiff-Appellant Gary Norman Cooper, Texas prisoner # 1308386, filed a civil rights complaint under 42 U.S.C. § 1983, asserting that various prison officials acted with deliberate indifference to a degenerative condition in his lower back in violation of the Eighth Amendment and the Americans with Disabilities Act (ADA). After a Spears hearing, the district court dismissed Cooper’s claims as frivolous and for failure to state a claim. For the following reasons, we AFFIRM in part, REVERSE in part, and REMAND for further proceedings consistent with this opinion.

I

Cooper, who is…