United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________

No. 98-4057 ___________

Justin J. Clark, * * Appellant, * * v. * * County of Brookings, individually and * in its official capacity; Leeann Pierce, * Magistrate, individually and in her * Appeal from the United States official capacity; Clyde R. Calhoon, * District Court for the States Attorney, individually and in * District of South Dakota. his official capacity; Daniel Mielke, * CSO, individually and in his official * [UNPUBLISHED] capacity; K. Swearington, Police * Officer, individually and in his * official capacity; Randal Hofer, * Complainant, individually and in * his official capacity, * * Appellees. * ___________

Submitted: September 7, 1999 Filed: September 16, 1999 ___________

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

PER CURIAM. Justin J. Clark appeals following the district court’s1 adverse grant of summary judgment in his 42 U.S.C. § 1983 action arising from his arrest and conviction for a state offense. Having carefully reviewed the record and the parties’ briefs, we affirm for the reasons stated in the district court’s opinion. See 8th Cir. R. 47B.

A true copy.

Attest:

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

1 The Honorable John B. Jones, United States District Judge for the District of South Dakota. -2-