Eddie Briley v. Tyra Tyler, No. 12-2551 (8th Cir. 2013)

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Court Description: Prisoner case - Prisoner Civil Rights. Dismissal of Section 1983 action affirmed without comment.

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United States Court of Appeals For the Eighth Circuit ___________________________ No. 12-2551 ___________________________ Eddie Briley lllllllllllllllllllll Plaintiff - Appellant v. Tyra Tyler, Major, W C Dub Brassell Detention Center; (originally sued as Tyra Tylor); David Williams, Deputy, W C Dub Brassell Detention Center; (originally sued only as Williams); Marvin Roberts, Deputy, W C Dub Brassell Detention Center; (originally sued as Roberts); Ed Adams, Captain, W C Dub Brassell Detention Center lllllllllllllllllllll Defendants - Appellees ____________ Appeal from United States District Court for the Eastern District of Arkansas - Pine Bluff ____________ Submitted: February 28, 2013 Filed: February 28, 2013 [Unpublished] ____________ Before LOKEN, MELLOY, and BENTON, Circuit Judges. ____________ PER CURIAM. Arkansas inmate Eddie Briley appeals the district court s1 order dismissing his 42 U.S.C. ยง 1983 action following a pretrial evidentiary hearing. Upon de novo review, see Sisk v. Picture People, Inc., 669 F.3d 896, 899 (8th Cir. 2012), and having followed the standard that applies when a pretrial hearing is held in the face of a jurytrial demand, see Johnson v. Bi-State Justice Ctr., 12 F.3d 133, 135-36 (8th Cir. 1993), we conclude that dismissal was warranted, see Story v. Norwood, 659 F.3d 680, 686-87 (8th Cir. 2011) (factors in determining whether use of force is excessive). Accordingly, the judgment of the district court is affirmed. ______________________________ 1 The Honorable D.P. Marshall, Jr., United States District Judge for the Eastern District of Arkansas, adopting the report and recommendations of the Honorable H. David Young, United States Magistrate Judge for the Eastern District of Arkansas. -2-

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