Capers v. Lindsay ( 2023 )

Case: 21-20526 Document: 00516936979 Page: 1 Date Filed: 10/19/2023
United States Court of Appeals
for the Fifth Circuit
United States Court of Appeals
Fifth Circuit
FILED
____________
October 19, 2023
No. 21-20526 Lyle W. Cayce
Summary Calendar Clerk
____________
Deidrick L. Capers,
Plaintiff—Appellant,
versus
P. Lindsay; Ed Gonzalez,
Defendants—Appellees.
______________________________
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 4:19-CV-1006
______________________________
Before Wiener, Stewart, and Douglas, Circuit Judges.
Per Curiam: *
Deidrick L. Capers, a former Harris County Jail detainee, filed a
42 U.S.C. § 1983 civil rights complaint against the jail, Ed Gonzalez, and
Patrick Lindsay. He alleged as follows: Lindsay, a detention officer, punched
him in the upper chest; Lindsay then wrote him up for making unauthorized
contact with jail staff; and Gonzalez, the sheriff, allowed the assault. On
_____________________
*
This opinion is not designated for publication. See 5th Cir. R. 47.5.
Case: 21-20526 Document: 00516936979 Page: 2 Date Filed: 10/19/2023
No. 21-20526
appeal, Capers challenges the summary judgment dismissal of his claim
against Lindsay. He has abandoned any challenge to the dismissals of the jail
and Gonzalez. See Yohey v. Collins, 985 F.2d 222, 224-25 (5th Cir. 1993).
We review the grant of summary judgment de novo, “applying the
same standard as the district court.” Austin v. Kroger Tex., L.P., 864 F.3d
326, 328 (5th Cir. 2017). After considering the summary judgment evidence
and Capers’s arguments on appeal, we discern no error in the dismissal of
Capers’s excessive force claim against Lindsay. See Austin v. City of
Pasadena, 74 F.4th 312, 322 (5th Cir. 2023).
Accordingly, the judgment of the district court is AFFIRMED.
2