IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
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No. 96-60343
Summary Calendar
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STEVEN T. NICHOLS,
Plaintiff-Appellant,
versus
JIMMY SIMMONS, ET AL.,
Defendants-Appellees.
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Appeal from the United States District Court for the
Northern District of Mississippi
USDC No. 1:95-CV-130-S-D
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January 10, 1997
Before GARWOOD, JOLLY, and DENNIS, Circuit Judges.
PER CURIAM:*
Steven T. Nichols was assaulted while in the drunk tank of the
Chickasaw County Jail. The district court granted summary judgment
in favor of the defendants on Nichols’s claim that the county’s
policy allowing inmates to roam freely around the old part of the
jail demonstrated a deliberate indifference to the safety of
*
Pursuant to Local Rule 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this opinion should not be published and is not precedent except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 Local Rule 47.5.4.
detainees. Nichols has abandoned this issue on appeal. See Yohey
v. Collins, 985 F.2d 222, 225 (5th Cir. 1993).
For the first time on appeal, Nichols asserts that the
Chickasaw County Sheriff’s Office had a policy of using prison
trusties to assist the deputies in policing the jail and that this
policy demonstrates a deliberate indifference to the safety of
pretrial detainees. Nichols has not demonstrated plain error with
respect to this claim. See Robertson v. Plano City of Tex., 70
F.3d 21, 23 (5th Cir. 1995) (citing United States v. Calverley, 37
F.3d 160, 162-64 (5th Cir. 1994) (en banc) (addressing “plain
error” standard), cert. denied, 115 S.Ct. 1266 (1995), and
Highlands Ins. v. National Union Fire Ins. Co., 27 F.3d 1027 (5th
Cir. 1994) (applying the Calverley standard to civil cases), cert.
denied, 115 S.Ct. 903 (1995)).
A F F I R M E D.
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