Donovan Evans v. Hinds County ( 2020 )

Case: 19-60582 Document: 00515527262 Page: 1 Date Filed: 08/14/2020
United States Court of Appeals
for the Fifth Circuit United States Court of Appeals
Fifth Circuit
FILED
August 14, 2020
No. 19-60582 Lyle W. Cayce
Summary Calendar Clerk
Donovan Evans,
Plaintiff—Appellant,
versus
Hinds County,
Defendant—Appellee.
Appeal from the United States District Court
for the Southern District of Mississippi
USDC No. 3:18-CV-255
Before Jolly, Elrod, and Graves, Circuit Judges.
Per Curiam:*
Donovan Evans, a former pretrial detainee at the Hinds County
Detention Center in Raymond, Mississippi, filed a 42 U.S.C. § 1983
complaint seeking damages and injunctive relief due to an attack that
*
Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should
not be published and is not precedent except under the limited circumstances set forth in
5TH CIR. R. 47.5.4.
Case: 19-60582 Document: 00515527262 Page: 2 Date Filed: 08/14/2020
No. 19-60582
occurred by fellow inmates on March 14, 2017. The district court granted
the defendant’s motion for summary judgment. Evans timely appealed.
Evans’s conclusory assertions in his brief with respect to his claims
are insufficient to show that the district court erred in granting summary
judgment in favor of Hinds County. See FED. R. CIV. P. 56(c); Little v. Liquid
Air Corp., 37 F.3d 1069, 1075 (5th Cir. 1994) (en banc). And, on appeal,
Evans makes no argument that the district court erred in dismissing his
conditions of confinement claim related to a purported attack in December
2016. We thus consider this claim abandoned and the argument waived. See
Yohey v. Collins, 985 F.2d 222, 224-25 (5th Cir. 1993).
AFFIRMED; MOTION FOR SETTLEMENT DENIED.
2