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District Court for the District of South Dakota - Western ____________ Submitted: March 15, 2024 Filed: March 20, 2024 [Unpublished] ____________ Before BENTON, ERICKSON, and STRAS, Circuit Judges.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. ______________________________

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