William H. Daly v. Chief Kevin Thom, Chief at Sheriff’s Department

United States Court of Appeals
For the Eighth Circuit
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No. 23-2847
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William H. Daly
Plaintiff - Appellant
v.
Chief Kevin Thom, Chief at Sheriff’s Department; individual and official capacity;
Commander Robert Yantis, Commander at Pennington County Jail; individual and
official capacity; Captain Munch, Captain at Pennington County Jail; individual
and official capacity
Defendants
Correctional Officer Comrie, Correctional Officer at Pennington County Jail;
individual and official capacity
Defendant - Appellee
Captain Anderson
Defendant
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Appeal from United States District Court
for the District of South Dakota - Western
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Submitted: March 15, 2024
Filed: March 20, 2024
[Unpublished]
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Before BENTON, ERICKSON, and STRAS, Circuit Judges.
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PER CURIAM.
In this 42 U.S.C. § 1983 action, William Daly appeals the district court’s1
preservice dismissal of some of his claims, and the adverse grant of summary
judgment as to his remaining claim. Having jurisdiction under 28 U.S.C. § 1291,
this court affirms.
This court has reviewed the record de novo as well as the parties’ arguments
on appeal and concludes that preservice dismissal and summary judgment were
proper. See Cooper v. Schriro, 189 F.3d 781, 783-85 (8th Cir. 1999) (per curiam)
(de novo review of 28 U.S.C. § 1915A preservice dismissal; dismissal is proper
where complaint fails to allege violation of federal right or lacks sufficient factual
specificity to support its conclusions); Nieters v. Holtan, 83 F.4th 1099, 1105 (8th
Cir. 2023) (de novo review of grant of summary judgment based on qualified
immunity; for qualified immunity, facts must demonstrate constitutional or statutory
deprivation when viewed in light most favorable to plaintiff).
The judgment is affirmed, see 8th Cir. R. 47B, and the pending motions are
denied as moot.
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1 The Honorable Roberto Lange, Chief Judge, United States District Court for
the District of South Dakota.

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