DocketNumber： 12-2551
Citation Numbers： 499 F. App'x 627
Judges： Benton, Loken, Melloy, Per Curiam
Filed Date： 2/28/2013
Status： Non-Precedential
Modified Date： 8/6/2023
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for the Eastern District of Arkansas - Pine Bluff ____________ Submitted: February 28, 2013 Filed: February 28, 2013 [Unpublished] ____________ Before LOKEN, MELLOY, and BENTON, Circuit Judges.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 his42 U.S.C. § 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 jury- trial 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-