James Toney v. Heath Dickson, No. 19-1273 (8th Cir. 2019)
Annotate this CaseCourt Description: Per Curiam - Before Gruender, Wollman, and Kobes, Circuit Judges] Prisoner case - Prisoner civil rights. Defendants' summary judgment affirmed without comment.
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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for the Western District of Arkansas - Hot Springs ____________ Submitted: November 25, 2019 Filed: December 2, 2019 [Unpublished] ____________ Before GRUENDER, WOLLMAN, and KOBES, Circuit Judges.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. -2-
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