James Toney v. Heath Dickson

United States Court of Appeals For the Eighth Circuit ___________________________

No. 19-1273 ___________________________

James L. Toney

lllllllllllllllllllllPlaintiff - Appellant

v.

Corporal Heath Dickson, Malvern Police Department; Sergeant Keith Prince, Malvern Police Department; Assistant Chief Jim Bailey, Malvern Police Department

lllllllllllllllllllllDefendants - Appellees ____________

Appeal from United States District Court for the Western District of Arkansas - Hot Springs ____________

Submitted: November 25, 2019 Filed: December 2, 2019 [Unpublished] ____________

Before GRUENDER, WOLLMAN, and KOBES, Circuit Judges. ____________

PER CURIAM.

Arkansas prisoner James Toney appeals the district court’s1 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. ______________________________

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

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