Case: 13-60583 Document: 00512531705 Page: 1 Date Filed: 02/13/2014
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit
FILED
13-60583 February 13, 2014
Summary Calendar
Lyle W. Cayce
Clerk
ERNEST MONTGOMERY
Plaintiff - Appellant
v.
WARREN COUNTY; BILLY HIGGINS, Deputy, in individual and official
capacity; MICHAEL HOLLINGSWORTH, Deputy, in individual and official
capacity; CHRIS SATCHER, Deputy in individual and official capacity,
Defendants - Appellees
Appeal from the United States District Court
for the Southern District of Mississippi
USDC No. 5:11-CV-4
Before WIENER, OWEN, and HAYNES, Circuit Judges.
PER CURIAM:*
Ernest Montgomery appeals the summary judgment in favor of Billy
Higgins and Michael Hollingsworth, 1 as well as the denial of his motion for
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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.
1 Although Montgomery captioned his appeal as including Warren County and Chris
Satcher, Satcher was dismissed in the district court by agreement. Montgomery did not brief
any argument with respect to Warren County, so we conclude that any such arguments are
waived. Gann v. Fruehauf Corp., 52 F.3d 1320, 1328 (5th Cir. 1995)(“Because he has not
advanced arguments in the body of his brief in support of his appeal of his other claims,
Case: 13-60583 Document: 00512531705 Page: 2 Date Filed: 02/13/2014
No. 13-60583
reconsideration. We have conducted a de novo review of the district court’s
ruling in light of the pertinent portions of the record and the parties’ briefs.
We conclude that the district court did not reversibly err for substantially the
same reasons set forth in the court’s Memorandum Opinion and Order dated
July 14, 2013 and its Order denying Motion for Reconsideration dated August
15, 2013.
AFFIRMED.
[Montgomery] has waived or abandoned these claims.”) Finally, although styled as a case
against Higgins and Hollingsworth in both their individual and official capacities, the only
arguments briefed address potential liability in their individual capacities. Any other
arguments are waived. Id.
2