Case: 21-50878 Document: 00516495961 Page: 1 Date Filed: 10/04/2022
United States Court of Appeals
for the Fifth Circuit United States Court of Appeals
Fifth Circuit
FILED
October 4, 2022
No. 21-50878
Lyle W. Cayce
Summary Calendar
Clerk
Lonnie Kade Welsh,
Plaintiff—Appellant,
versus
Bryan Collier; Joni White; Valencia Pollard-Fortsan;
Rachel Nowlin; Katherine Rediskez; Marsha McLane;
Dale Dorman; Tara Burson; Marissa Bartholet; April
Thompson; Cynthia Tilley; FNU LNU, Director of University of
Texas Medical Branch; Carly Parkinson,
Defendants—Appellees.
Appeal from the United States District Court
for the Western District of Texas
USDC No. 1:20-CV-337
Before Wiener, Elrod, and Engelhardt, Circuit Judges.
Per Curiam:*
*
Pursuant to 5th Circuit 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opinion should not be published and is not precedent except under the limited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 5th Circuit Rule 47.5.4.
Case: 21-50878 Document: 00516495961 Page: 2 Date Filed: 10/04/2022
No. 21-50878
Lonnie Kade Welsh, an individual who was civilly committed in 2015
as a sexually violent predator, appeals the district court’s dismissal of his civil
rights claims against 12 defendants from the University of Texas Medical
Branch, the Texas Department of Criminal Justice (TDCJ), and the Texas
Civil Commitment Office stemming from his incarceration in the TDCJ
between June 2018 and August 2019.
Welsh fails entirely to brief the dismissal of his claims against six of
the defendants-appellees (Joni White, Dale Dorman, Tara Burson, Marissa
Bartholet, April Thompson, and Cynthia Tilley); accordingly, he has
abandoned these claims. See Yohey v. Collins, 985 F.2d 222, 224-25 (5th Cir.
1993); Brinkmann v. Dallas Cnty. Deputy Sheriff Abner, 813 F.2d 744, 748 (5th
Cir. 1987). As to the remaining six defendants-appellees (Rachel Nowlin,
Katherine Rediskez, Valencia Pollard-Fortsan, Carly Parkinson, Marsha
McLane, and Bryan Collier), he disputes the district court’s dismissal of only
some of the claims asserted against these parties. Specifically, he disputes
the dismissal of his deliberate indifference claims as to Nowlin and Rediskez
and the dismissal of his deliberate indifference and failure to train claims
against Pollard-Fortsan and Parkinson. As to McLane, Welsh challenges the
district court’s dismissal of his claims for violation of his procedural and
substantive due process rights; deliberate indifference to serious medical
needs based on McLane’s alleged failure to ensure he received sex offender
treatment while incarcerated at TDCJ; McLane’s alleged failure to protect
him from criminal prosecution even though she knew Welsh to be criminally
insane; and a declaration that Texas Health and Safety Code § 841.150 is
unconstitutional as applied to him. With respect to Collier, Welsh challenges
the district court’s dismissal of his claims that his procedural and substantive
due process rights were violated based on Collier’s denial of sex offender or
mental health therapy; that Collier delayed Welsh’s release from TDCJ in
violation of his Fourth and Fourteenth Amendment rights; and that Collier
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Case: 21-50878 Document: 00516495961 Page: 3 Date Filed: 10/04/2022
No. 21-50878
unconstitutionally punished Welsh by permitting his criminal incarceration
despite Welsh’s criminal insanity.
We review de novo the district court’s grant of a motion to dismiss for
failure to state a claim under Federal Rule of Civil Procedure 12(b)(6) and of
a motion for summary judgment. See White v. U.S. Corr., L.L.C., 996 F.3d
302, 306 (5th Cir. 2021) (motion to dismiss); Xtreme Lashes, LLC v. Xtended
Beauty, Inc., 576 F.3d 221, 226 (5th Cir. 2009) (summary judgment). After
careful consideration of the record, we find no error.
AFFIRMED.
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