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IN THE LTNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTzuCT OF TEXAS

LUBBOCK DIVISION

LONNIE KADE WELSH,

Plaintiff,

MISTY DIAZ, et al.,

Civil Action No. 5:22-CY-237-C-BQ

ORDER

Before the Court are the Findings, Conclusions, and Recommendation of the United

States Magistrate Judge therein recommending that the Court dismiss with prejudice Welsh's

claims related to; (1) Lamb County, Deputy Weston, Administrator Diaz, and Sheriff Maddox

under the Fourteenth Amendment for preventing Welsh from exercising; (2) Deputy Garza under

the Fourteenth Amendment for forcing Welsh to sign a disciplinary hearing waiver form and

denying him his right to notice of the factual allegations against him and a hearing;

(3) Administrator Diaz under the Fourteenth Amendment for confiscating commissary items

purchased before his commissary restriction began; (4) Lamb County under the First and

Fourteenth Amendments for denying Welsh intemet access so that he could express his opinion

in the Texas Supreme Court election; (5) Lamb County and Sheriff Maddox under the First and

Fourteenth Amendments for switching the cable system and denying Welsh radio access and

video games; (6) Lamb County and Sheriff Maddox under the Fourteenth Amendment and Texas

Constitution for promulgating rules and punishing Welsh without legislative or judicial authority;

(7) Lamb County, Sterling Corporation, and Prodigy Services under the Sherman Act for

Defendants.

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conspiring to inflate commissary and phone rate prices; (8) Lamb County, Administrator Diaz,

Deputy Armstrong, Sheriff Maddox, Deputy Klatt, and Deputy Cotton under the Fourteenth

Amendment for denying Welsh his right to refuse medical treatmenl and using excessive force;

(9) Jaiters Whitaker, Molina, and Fultz under the First and Fourteenth Amendments for

retaliating against Welsh for filing grievances against Whitaker; (10) Lamb County, Sheriff

Maddox, and Administrator Diaz under the Fourteenth Amendment for denying Welsh access to

his KIOSK mail and the opportunity to show his entitlement to his mail; (11) Deputies Weston

and Thompson under the Fourteenth Amendment for excessive use offorce; (12) Jailer Martinez

and MTC employees Winckler and Powell under the Fourteenth Amendment for failure to

intervene during the use of force; (13) Deputy Weston, Deputy Thompson, Deputy Klatt, Deputy

Cotton, Deputy Armstrong, Jailer Martinez, Sheriff Maddox, MTC Employee Winckler, MTC

Employee Powell, Lamb County, and Administrator Diaz under the Fourteenth Amendment for

denying Welsh his liberty interest in not having restraints used on him; (14) Administrator Diaz

and Sheriff Maddox under the Fourteenth Amendment for denying Welsh mental health

treatment; (15) Lamb County, Administrator Diaz, and Sheriff Maddox under the First

Amendment for denying Welsh the ability to order books and publications; (16) Lamb County

for its "high" phone prices, which chills his First Amendment rights; and (17) Lamb County

under the Fourteenth Amendment for maintaining a policy that resulted in denying Welsh due

process after his newslelters were confiscated or rejected.

The United States Magistrate Judge further recommends that the Court dismiss Welsh's

claim against Lamb County related to alleged conditions of confinement that deny Welsh sleep.

Altematively, the United States Magistrate Judge suggests that if Welsh should seek leave to

2

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amend or supplement his Complaint within the fourteen-day objection period with facts that

satisfactorily address the deficiencies identified, then it is recommended the Court order Lamb

County to answer or otherwise plead to the claim.

Finally, as to the sole remaining claim against Sheriff Maddox and Administrator Diaz in

their individual capacities under the Fourteenth Amendment for failing to notiry and provide

Welsh with process after confiscating his newsletters, the United States Magistrate Judge

recommends that the Court order Defendants to answer or otherwise plead to the claim.

The Court conducls a de novo review of those portions of the Magistrate Judge's report or

specified proposed findings or recommendations to which a timely objection is made. 28 U.S.C.

$ 636(bX I XC). Portions of the report or proposed findings or recommendations that are not the

subject ofa timely objection will be accepted by the Court unless they are clearly erroneous or

contraryto law. See United States r. llilson,864F.2d l2l9,l22l (5th Cir. 1989).

After due consideration and having conducted a de novo review, the Court finds that

Plaintifls objections should be OVERRULED. The Court has further conducted an

independent review of the Magistrate Judge's findings and conclusions and finds no error. It is

therefore ORDERED that the Findings, Conclusions, and Recommendation are hereby

ADOPTED as the findings and conclusions of the Court. For the reasons stated therein,

Plaintiff s claims listed above as 1-17 are DISMISSED with prejudice.r As to the sole

remaining claim against Sheriff Maddox and Administrator Diaz in their individual capacities

under the Fourteenth Amendment for failing to notifo and provide Welsh with process after

rThe Court finds that although Welsh seeks leave to amend his claims against Lamb County, he

has failed to identifo actual or constructive knowledge ofa widespread practice of leaving the Iights on in

thejail. The grievances relied on by Welsh in his objections are not sufficient evidence to support said

claim.

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confiscating his newsletters, the Court ORDERS said Defendants to answer or otherwise plead

to the claim.

SO ORDERED.

Dated September 16, 2024.

SAM S

SENIOR UNITED STATES D T JUDGE

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