TONEY v. DICKSON (2019)

United States Court of Appeals, Eighth Circuit.

James L. TONEY Plaintiff - Appellant v. Corporal Heath DICKSON, Malvern Police Department; Sergeant Keith Prince, Malvern Police Department; Assistant Chief Jim Bailey, Malvern Police Department Defendants - Appellees

No. 19-1273

Decided: December 02, 2019

Before GRUENDER, WOLLMAN, and KOBES, Circuit Judges.

Vicki A. Dempsey, Dempsey & Dempsey, Hannibal, MO, for Plaintiff-Appellant Pamela A. Kultgen, Assistant Regional Counsel, Social Security Administration, Office of General Counsel Region VII, Kansas City, MO, Nicholas P. Llewellyn, Assistant U.S. Attorney, U.S. Attorney's Office, Eastern District of Missouri, Saint Louis, MO, for Defendant-Appellee

[Unpublished]

Arkansas prisoner James Toney appeals the district court’s ¹ adverse grant of summary judgment in his 42 U.S.C. § 1983 action. After careful review of the record and the parties’ arguments on appeal, we conclude that summary judgment was proper. See Tusing v. Des Moines Indep. Cmty. Sch. Dist., 639 F.3d 507, 514 (8th Cir. 2011) (reviewing summary judgment decision de novo, viewing the record in the light most favorable to the non-moving party; stating that summary judgment is appropriate if no genuine issue of material fact exists such that the movant is entitled to judgment as a matter of law). Accordingly, we affirm. See 8th Cir. R. 47B.

FOOTNOTES

1. The Honorable P.K. Holmes, III, United States District Judge for the Western District of Arkansas.

PER CURIAM.

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