William Daly v. Corr. Officer Comrie

• Court: Court of Appeals for the Eighth Circuit
• Decided: March 20, 2024
• Docket: 23-2847
• Status: Unpublished

Opinion

United States Court of Appeals For the Eighth Circuit ___________________________

No. 23-2847 ___________________________

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 ____________

Appeal from United States District Court for the District of South Dakota - Western ____________

Submitted: March 15, 2024 Filed: March 20, 2024 [Unpublished] ____________ Before BENTON, ERICKSON, and STRAS, Circuit Judges. ____________

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. ______________________________

1 The Honorable Roberto Lange, Chief Judge, United States District Court for the District of South Dakota. -2-