Deverick Scott v. Pamela Cook, No. 20-1323 (8th Cir. 2020)
Annotate this CaseCourt Description: [Per Curiam. Before Colloton, Wollman, and Benton, Circuit Judges] Prisoner Case - civil rights. Some evidence supported disciplinary report issued to Scott and his First Amendment retaliation claims arising from that report fails. Summary judgment is affirmed. [ August 14, 2020 ]
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 20-1323 ___________________________ Deverick Scott lllllllllllllllllllllPlaintiff - Appellant v. Pamela Cook, Sergeant, Varner Supermax lllllllllllllllllllllDefendant - Appellee ____________ Appeal from United States District Court for the Eastern District of Arkansas - Pine Bluff ____________ Submitted: August 12, 2020 Filed: August 17, 2020 [Unpublished] ____________ Before COLLOTON, WOLLMAN, and BENTON, Circuit Judges. ____________ PER CURIAM. In this 42 U.S.C. § 1983 action, Arkansas inmate Deverick Scott appeals the district court’s1 adverse grant of summary judgment. Viewing the record in a light 1 The Honorable D. P. Marshall Jr., Chief Judge, United States District Court for the Eastern District of Arkansas, adopting the report and recommendations of the most favorable to Scott, see Mbonyunkiza v. Beasley, 956 F.3d 1048, 1050 (8th Cir. 2020) (de novo review), we agree with the district court that because some evidence supported the disciplinary report Scott was issued, his First Amendment retaliation claim arising from that report failed, see Santiago v. Blair, 707 F.3d 984, 993 (8th Cir. 2013) (defendant may successfully defend against retaliatory discipline claim with some evidence that inmate actually violated prison rule). The judgment is affirmed. See 8th Cir. R. 47B. ______________________________ Honorable Jerome T. Kearney, United States Magistrate Judge for the Eastern District of Arkansas. -2-
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