Filed: Aug. 11, 2006
Latest Update: Feb. 21, 2020
Summary: United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT August 11, 2006 Charles R. Fulbruge III Clerk No. 05-30473 Summary Calendar FRANCIS D. WINCHESTER, Plaintiff-Appellant, versus DAVID NAQUIN, Etc., Et AL, Defendants, ROBERT MITCHELL, Individually and in his official capacity as deputy/officer St. Mary Parish Detention Center; T.J. CARINHAS; SHARLENE JOSEPH; TROY BROWN; TERRY HOLCOMBE, Individually and in his official capacity as dep
Summary: United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT August 11, 2006 Charles R. Fulbruge III Clerk No. 05-30473 Summary Calendar FRANCIS D. WINCHESTER, Plaintiff-Appellant, versus DAVID NAQUIN, Etc., Et AL, Defendants, ROBERT MITCHELL, Individually and in his official capacity as deputy/officer St. Mary Parish Detention Center; T.J. CARINHAS; SHARLENE JOSEPH; TROY BROWN; TERRY HOLCOMBE, Individually and in his official capacity as depu..
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United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT August 11, 2006
Charles R. Fulbruge III
Clerk
No. 05-30473
Summary Calendar
FRANCIS D. WINCHESTER,
Plaintiff-Appellant,
versus
DAVID NAQUIN, Etc., Et AL,
Defendants,
ROBERT MITCHELL, Individually and
in his official capacity as
deputy/officer St. Mary Parish
Detention Center; T.J. CARINHAS;
SHARLENE JOSEPH; TROY BROWN;
TERRY HOLCOMBE, Individually and
in his official capacity as
deputy/officer St. Mary Parish
Detention Center; KATHY THORNTON,
Individually and in her official
capacity as Registered Nurse St.
Mary Parish Detention Center;
ROBERT COX,
Defendants-Appellees.
Appeal from the United States District Court
for the Western District of Louisiana
USDC No. 6:04-CV-15
Before GARWOOD, CLEMENT and PRADO, Circuit Judges.
PER CURIAM:*
Francis D. Winchester appeals the dismissal of his suit, which
alleged in pertinent part that the defendants failed to protect him
from harm and were deliberately indifferent to his serious medical
needs while he was incarcerated in the St. Mary Parish Detention
Center. Winchester, represented by counsel below and on this
appeal, does not brief any argument as to the dismissal of his
claims against Warden Hebert, Sheriff Naquin, or Robert Cox or to
the dismissal of the state law claims alleged in his complaint.
Accordingly, any such challenge Winchester could have raised in
regards to these claims is deemed to be abandoned. See Yohey v.
Collins,
985 F.2d 222, 224-25 (5th Cir. 1993).
Winchester asserts that the district court erred by granting
summary judgment as to his failure-to-protect claims against
Officer Carinhas, Officer Joseph, Lieutenant Brown, Captain
Holcombe, and Robert Mitchell and his deliberate indifference to
his medical needs claim against Nurse Thornton. This court reviews
the grant of a motion for summary judgment de novo. Guillory v.
Domtar Indus., Inc.,
95 F.3d 1320, 1326 (5th Cir. 1996).
A review of the record reveals that Winchester failed to set
forth specific facts supported by competent summary judgment
evidence to establish that Officer Carinhas, Officer Joseph,
*
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.
2
Lieutenant Brown, Officer Mitchell, and Captain Holcombe were
deliberately indifferent to Winchester’s safety or that Nurse
Thornton was deliberately indifferent to Winchester’s serious
medical needs. See FED. R. CIV. P. 56; see also Little v. Liquid
Air Corp.,
37 F.3d 1069, 1075 (5th Cir. 1994) (en banc). The
record evidence conclusively establishes that there is no genuine
issue of material fact. Consequently, Winchester has failed to
show that the district court erred by granting the defendants’
motion for summary judgment. See
Little, 37 F.3d at 1075.**
AFFIRMED.
**
We also note that: Winchester’s brief provides no citation
to the record as required by FED. R. APP. P. 28(a)(7) and (9); and,
that his brief cites and purports to quote from pages 37, 41, 47
and 48 of his own deposition, but none of any of such pages of that
deposition are in the record (in any event, none of the matter
quoted would support reversal of the judgment).
3