1The Honorable Thomas M. Shanahan, United States District Judge for the

District of Nebraska.

United States Court of Appeals

FOR THE EIGHTH CIRCUIT

___________

No. 98-2581

___________

Shannon E. Williams, *

*

Appellant, *

* Appeal from the United States

v. * District Court for the

* District of Nebraska.

Jeff Davis; Wayne Tucker; Christie *

Vierregger; Patrick Thomas; Lee * [PUBLISHED]

Polikopf; John Davis, *

*

Appellees. *

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 Submitted: December 7, 1999

 Filed: January 3, 2000

___________

Before McMILLIAN, RICHARD S. ARNOLD, and HANSEN, Circuit Judges.

___________

PER CURIAM.

Shannon Williams brought a 42 U.S.C. § 1983 action against several Sarpy

County, Nebraska jail officials. His claims were based on the alleged conduct of

Deputy Kristi Kotrous (formerly Viereger), and the alleged failure of her supervisors

to respond appropriately to her mistreatment of Williams. The district court1 granted

summary judgment to all defendants, and this appeal followed. 
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After our de novo review, see Dulany v. Carnahan, 132 F.3d 1234, 1237 (8th

Cir. 1997), we agree with the district court that Williams did not establish a

constitutional violation. As to his equal protection claim, Williams did not show he

received treatment less favorable than white inmates with respect to the grievance

procedure. See Klinger v. Department of Corrections, 31 F.3d 727, 731 (8th Cir.

1994), cert. denied, 513 U.S. 1185 (1995). As to his excessive-force claim, Williams

did not submit any evidence to indicate that Kotrous acted maliciously or sadistically

or that the force used was excessive under the circumstances. See Putman v. Gerloff,

639 F.2d 415, 420 (8th Cir. 1981); see also Johnson v. Glick, 481 F.2d 1028, 1033 (2d

Cir.), cert. denied, 414 U.S. 1033 (1973). Williams also failed to establish his

retaliation claims: a conduct violation Kotrous gave him was upheld in the disciplinary

appeal process (although the sanction was reduced), see Earnest v. Courtney, 64 F.3d

365, 367 (8th Cir. 1995) (per curiam) (retaliation claim is precluded if punishment was

imposed based on actual violation of prison rules); and the nondefendant county

attorney--not Kotrous--made the decision to bring a criminal assault charge against

Williams. Further, Williams failed to show that Kotrous interfered with his procedural

due process rights, or that she denied him substantive due process, see Central Airlines,

Inc. v. United States, 138 F.3d 333, 335 (8th Cir. 1998) (substantive due process claim

requires proof of “arbitrary, capricious and flagrant conduct”).

Absent a constitutional violation, there was no basis for section 1983 liability on

the part of the other defendants. See Monell v. Department of Soc. Servs., 436 U.S.

658, 694 (1977) (§ 1983 liability attaches to government officials acting in their official

capacity only for constitutional deprivation resulting from execution of official policy

or custom); Otey v. Marshall, 121 F.3d 1150, 1155 (8th Cir. 1997) (for defendants to

be liable in their individual capacities for failing to supervise and train employee,

plaintiff must establish that defendants’ failure to remedy known pattern of

unconstitutional acts proximately caused his injury); Andrews v. Fowler, 98 F.3d 1069,

1078 (8th Cir. 1996) (individual liability under § 1983 may attach if defendants directly

participated in constitutional violation or if failure to supervise and train offending
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employee caused constitutional deprivation). We thus conclude that summary

judgment was proper. Appellees’ motion to strike the addendum to Williams’s brief

is denied as moot. 

Accordingly, we affirm the judgment of the district court.

A true copy.

Attest:

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