James L. Toney v. Corporal Heath Dickson, Malvern Police Department

United States Court of Appeals
For the Eighth Circuit
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No. 19-1273
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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
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Appeal from United States District Court
for the Western District of Arkansas - Hot Springs
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Submitted: November 25, 2019
Filed: December 2, 2019
[Unpublished]
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Before GRUENDER, WOLLMAN, and KOBES, Circuit Judges.
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PER CURIAM.

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