Berger v. Gibson (Majority)Annotate this Case
The Supreme Court denied the motions filed by Warden James Gibson to dismiss Appellant’s appeal of the circuit court’s dismissal of his civil petition seeking an order directing the Warden to preserve certain evidence regarding an incident in which Appellant alleged he had been confined for sixteen hours in a cell flooded with raw sewage and to grant him additional time to file a brief, holding that the basis raised to dismiss the appeal was frivolous.
Warden Gibson moved to dismiss the appeal because Appellant filed a handwritten brief. Gibson also requested in a separate motion that the Court stay briefing and grant him an additional thirty days after the decision on the motion in which to file a brief. The Supreme Court denied relief, holding (1) under Ark. Sup. Ct. R 4-7(b)(1), briefs may be handwritten; and (2) Gibson provided no reason why he should not be required to file an appropriate brief that addresses the arguments and failed to provide adequate reasons why the Court should grant his request for additional time in which to submit a brief.