Damien Ford v. Corrie Ferrell, No. 18-3514 (8th Cir. 2019)
Annotate this CaseCourt Description: Per Curiam - Before Loken, Gruender and Kobes, Circuit Judges] Prisoner case - Prisoner civil rights. The district court did not err in granting defendants' motion for summary judgment on plaintiff's claim of retaliatory discipline as there was some evidence showing plaintiff committed the violation for which he was disciplined. [ August 16, 2019
Download PDF
United States Court of Appeals For the Eighth Circuit ___________________________ No. 18-3514 ___________________________ Damien Ford lllllllllllllllllllllPlaintiff - Appellant v. Corrie Ferrell, Sergeant, Delta Regional Unit, ADC (originally named as C Ferrell); Lowe, Major, Sergeant, Delta Regional Unit, ADC; James Banks, Warden, Sergeant, Delta Regional Unit, ADC; Gibson, Assistant Warden, Delta Regional Unit; Raymond Naylor, Disciplinary Appeal Administrator, ADC; Marvin Evans, Jr., Grievance Appeal Administrator; Marshall Reed, Assistant Executive Director, ADC; Jane Does, Disciplinary Hearing Officer, ADC; Wendy Kelley, (Originally named as Ray Hobbs); Nall, Officer; Larry Norris, Deputy Director lllllllllllllllllllllDefendants - Appellees ____________ Appeal from United States District Court for the Eastern District of Arkansas - Pine Bluff ____________ Submitted: August 16, 2019 Filed: August 19, 2019 [Unpublished] ____________ Before LOKEN, GRUENDER, and KOBES, Circuit Judges. ____________ PER CURIAM. Damien Ford appeals the district court’s1 adverse grant of summary judgment on his retaliatory-discipline claim. After careful review of the record and the parties’ arguments on appeal, we conclude that the district court properly granted summary judgment. See Hartsfield v. Nichols, 511 F.3d 826, 829 (8th Cir. 2008) (reviewing grant of summary judgment de novo; stating that “a defendant may successfully defend a retaliatory discipline claim by showing ‘some evidence’ the inmate actually committed a rule violation” (quoting Goff v. Burton, 7 F.3d 734, 738-39 (8th Cir. 1993))); Goff, 7 F.3d at 736-38 (stating that, to succeed on a retaliatory-discipline claim, an inmate must prove that, but for an unconstitutional retaliatory motive, the discipline would not have occurred); see also Morstad v. Dep’t of Corr. & Rehab., 147 F.3d 741, 743-44 (8th Cir. 1998) (recognizing that the Eleventh Amendment bars 42 U.S.C. § 1983 action against a state and its officials acting in their official capacities). Accordingly, we affirm. See 8th Cir. R. 47B. ______________________________ 1 The Honorable Billy Roy Wilson, United States District Judge for the Eastern District of Arkansas, adopting the report and recommendations of the Honorable Beth Deere, United States Magistrate Judge for the Eastern District of Arkansas. -2-
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
