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.