Anthony Kronus Swift v. Story County Jail

U.S. Court of Appeals for the Eighth Circuit

Anthony Kronus Swift v. Story County Jail

Opinion

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No. 95-4120 ___________

Anthony Kronus Swift, * * Appellant, * * v. * * Story County Jail; Paul H. * Appeal from the United States Fitzgerald, Sheriff; Lt. Gary * District Court for the Foster, Chief Jailer; Sgt. Brent * Southern District of Iowa. Upchurch, 2nd Chief Jailer; * Matthew Cutts, Classification * [UNPUBLISHED] Officer; Kevin McKinley, Jailer; * Rodney Bingham, Jailer; Tim * Shoppe, Jailer; Sean Slezak, * Jailer; Craig McKinney, Jailer; * Scott Kickbush, Jailer, * * Appellees. *

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Submitted: September 4, 1996

Filed: September 19, 1996 ___________

Before FAGG, WOLLMAN, and MURPHY, Circuit Judges. ___________

PER CURIAM.

Anthony K. Swift appeals an order of the district court1 dismissing without prejudice his 42 U.S.C. § 1983 action. Swift's complaint asserted that his constitutional rights were violated by the conditions of his confinement in a "suicidal cell" over the weekend at the Story County Jail. After reviewing the file, we conclude that the district court did not abuse its discretion in

1 The Honorable Ronald E. Longstaff, United States District Judge for the Southern District of Iowa. dismissing Swift's complaint without prejudice. See Denton v. Hernandez, 504 U.S. 25, 33 (1992) (standard of review); Farmer v. Brennan, 114 S. Ct. 1970, 1977 (1994) (test for Eighth Amendment violations in prison); Williams v. Delo, 49 F.3d 442, 445 (8th Cir. 1995) (applying Farmer to conditions-of-confinement claim).

Accordingly, we affirm.

A true copy.

Attest:

CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.

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Reference

Status
Unpublished