Arkansas inmate Eddie Briley appeals the district court’s 1 order dismissing his 42 U.S.C. § 1988 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.