UNITED STATES COURT OF APPEALS

FOR THE TENTH CIRCUIT

JAMES W. DENMAN, SR.,

Plaintiff-Appellant,

v

RODNEY JOHNSON, Sheriff of Grand County; GLEN TRAINOR, Undersheriff of Grand County; GRANT THOMAS, Jail administrator of Grand County Jail; JERRY SCHOECH, Grant County Sheriff's Dept. Deputy; THE MUNICIPALITY OF GRAND COUNTY, COLORADO,

Defendants-Appellees.

No. 05-1485

(D.C. No. 03-N-74 (OES))

(D. Colo.)

ORDER AND JUDGMENT*

Before HARTZ, ANDERSON, and TYMKOVICH, Circuit Judges.

Pro se plaintiff, James W. Denman, Sr., a former state prisoner,1 appeals from an order of the district court granting defendants' motion for summary judgment and dismissing with prejudice his complaint under 42 U.S.C. § 1983. We have jurisdiction under 28 U.S.C. § 1291 and affirm.

Mr. Denman's suit claimed that the individual defendants violated his constitutional rights while he was a pretrial detainee at the Grand County Jail. Specifically, he alleged unlawful arrest, inhumane conditions of confinement, deprivation of necessary medical treatment, physical abuse, taunting and harassment, improper commitment to a state mental facility, denial of procedural due process on several occasions, and improper deprivation of his property. As to Grand County, he alleged a "pattern of routine denial of civil rights . . . knowingly and deliberately perpetrated against inmates and pretrial detainees alike." Aplt. App., Vol. I, Doc. 3, at 2a. In addition to compensatory and punitive damages, he sought declaratory and injunctive relief.

Defendants moved for summary judgment. After reviewing Mr. Denman's response, a magistrate judge issued a comprehensive and well-documented

49-page recommendation to grant defendants' motion for summary judgment and dismiss the complaint. The recommendation discussed in detail the facts concerning each claim and correctly applied the law. After conducting a de novo review, the district court accepted the recommendation and entered an order granting defendants' motion for summary judgment and dismissing the complaint with prejudice.

We review the grant of summary judgment de novo and examine the record in the light most favorable to Mr. Denman. Neal v. Lewis, 414 F.3d 1244, 1247 (10th Cir. 2005). Because he proceeds pro se, we construe his filings liberally. Id.

For substantially the reasons set forth by the magistrate judge in his recommendation of March 31, 2005, and by the district court in its order of October 28, 2005, we AFFIRM the grant of summary judgment and the dismissal of the complaint with prejudice because there was no constitutional violation.

Entered for the Court

Harris L. Hartz

Circuit Judge