Court Description: [Loken, Author, with Arnold and Grasz, Circuit Judges] Criminal case - Criminal law. The district court did not err in concluding defendant's firearm was discovered pursuant to a valid inventory search prior to his vehicle being towed and was, therefore, admissible; no error in admitting recordings of defendant's jailhouse phone calls as admission of the recordings was not unfairly prejudicial; evidence as sufficient to convict defendant of threatening a federal law enforcement officer, forcibly resisting a federal law enforcement officer and being a felon in possession of a firearm; while failure to give a jury instruction requiring the jury to find defendant knew he was a felon was clear error under Rehaif, defendant could not show that his substantial rights were affected - see U.S. v. Hollinshead, 940 F.3d 410,415 (8th Cir. 2019), cert. denied, 140 S.Ct. 2545 (2020). [ October 08, 2020 ]
Download PDF
<![CDATA[
United States Court of Appeals For the Eighth Circuit ___________________________ No. 20-1638 ___________________________ Deverick Scott lllllllllllllllllllllPlaintiff - Appellant v. Wendy Kelley, Former Director, ADC; Dexter Payne, Director, ADC lllllllllllllllllllllDefendants Rory Griffin, Asst. Director, ADC (originally named as Roy Griffin); Correct Care Solutions lllllllllllllllllllllDefendants - Appellees Cashion, Warden, Varner Supermax Unit; Floyd McHan, "Tony" Asst. Warden, Varner Supermax Unit lllllllllllllllllllllDefendants Jason Kelly, DHN, Varner Supermax Unit lllllllllllllllllllllDefendant - Appellee Does, All Officers, Varner Unit; Gibson, Warden, VSM Unit lllllllllllllllllllllDefendants Dr. Stringfellow, Dentist, VSM Unit; James Dove, Dentist, VSM Unit (originally named as Drove) lllllllllllllllllllllDefendants - Appellees ____________ Appeal from United States District Court for the Eastern District of Arkansas - Pine Bluff ____________ Submitted: October 5, 2020 Filed: October 9, 2020 [Unpublished] ____________ Before GRUENDER, WOLLMAN, and GRASZ, Circuit Judges.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. Upon de novo review, we agree with the district court that defendants were entitled to summary judgment. See Schoelch v. Mitchell, 625 F.3d 1041, 1045-46 (8th Cir. 2010) (holding that in reviewing grant of summary judgment, this court construes the evidence in a light most favorable to the nonmovant, drawing all reasonable inferences in his favor); see also Allard v. Baldwin, 779 F.3d 768, 771-72 (8th Cir. 2015) (recognizing that to prevail on a deliberate-indifference claim, the inmate must show more than even gross 1 The Honorable Kristine G. Baker, United States District Judge for the Eastern District of Arkansas, adopting the report and recommendations of the Honorable Jerome T. Kearney, United States Magistrate Judge for the Eastern District of Arkansas. -2- negligence and demonstrate a mental state akin to criminal negligence: disregarding a known risk to the inmate’s health). The judgment is affirmed. See 8th Cir. R. 47B. ______________________________ -3-
]]>
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.
