Pierre Watson v. Zachary Driskill, No. 22-1673 (8th Cir. 2023)
Annotate this CaseCourt Description: [Per Curiam - Before Gruender, Melloy, and Stras, Circuit Judges] Civil case - Civil rights. The district court did not abuse its discretion in denying plaintiff's motion to set aside the judgment and compel discovery; nor was there any evidence of judicial bias.
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 22-1673 ___________________________ Pierre Watson lllllllllllllllllllllPlaintiff - Appellant v. Officer Zachary Driskill, Individual capacity; Jessica Hanner, Sgt., Individually lllllllllllllllllllllDefendants - Appellees Diane Manley, Corporal, Individually; Kevin Brown, Correctional Officer, Individually; John Hendrichs, Correctional Officer, Individually; Matthew Unknown, Correctional Officer, Individually; Tammy Unknown, Sick Call Nurse, Individually; Institution Doctor Unknown, Individually; Michelle Unknown; Unknown Fulh lllllllllllllllllllllDefendants ___________________________ No. 22-2378 ___________________________ Pierre Watson lllllllllllllllllllllPlaintiff - Appellant v. Officer Zachary Driskill, Individual capacity; Jessica Hanner, Sgt., Individually llllllllllllllllll llDefendants - Appellees Diane Manley, Corporal, Individually; Kevin Brown, Correctional Officer, Individually; John Hendrichs, Correctional Officer, Individually; Matthew Unknown, Correctional Officer, Individually; Tammy Unknown, Sick Call Nurse, Individually; Institution Doctor Unknown, Individually; Michelle Unknown; Unknown Fulh lllllllllllllllllllllDefendants ____________ Appeals from United States District Court for the Eastern District of Missouri - St. Louis ____________ Submitted: January 19, 2023 Filed: February 3, 2023 [Unpublished] ____________ Before GRUENDER, MELLOY, and STRAS, Circuit Judges. ____________ PER CURIAM. Pierre Watson appeals the district court’s 1 refusal to reconsider its grant of summary judgment to the corrections officers who allegedly failed to protect him from another inmate. Having carefully reviewed the record and the parties’ arguments on appeal, we conclude that there was no abuse of discretion in denying his motions to set aside the judgment and compel discovery. See Freeman v. Wyeth, 764 F.3d 806, 809 (8th Cir. 2014); Fed. R. Civ. P. 37(a)(1) (requiring a party seeking an order compelling discovery to first make “an effort to obtain it without court action”). Also absent is any evidence of judicial bias. See Liteky v. United States, 1 The Honorable Audrey G. Fleissig, United States District Judge for the Eastern District of Missouri. 510 U.S. 540, 555 (1994). We accordingly affirm the judgment of the district court. See 8th Cir. R. 47B. ______________________________ -3-
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