Deverick Scott v. Dexter Payne, Director, ADC

United States Court of Appeals
For the Eighth Circuit
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No. 22-3152
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Deverick Scott
lllllllllllllllllllllPlaintiff - Appellee
v.
Dexter Payne, Director, ADC; Marshall Reed, Assistant Director, ADC; Gibson,
Warden, VSM Unit, ADC; Shipman, Assistant Warden, VSM Unit, ADC;
Plummer, Captain, VSM Unit, ADC; Carroll, Major, VSM Unit, ADC; Lord,
Lieutenant, VSM Unit, ADC; Jones, Lieutenant, VSM Unit, ADC; Washington,
Lieutenant, VSM Unit, ADC
lllllllllllllllllllllDefendants
Jonathan Vineyard, Corporal, VSM Unit, ADC (originally Vineyard)
lllllllllllllllllllllDefendant - Appellant
Whittaker, Corporal, VSM Unit, ADC; Brown, Lieutenant, VSM Unit, ADC;
Garcia, Sergeant, VSM Unit, ADC; King, Sergeant, VSM Unit, ADC; Gloria
Thompson, Grievance Officer, VSM Unit, ADC
lllllllllllllllllllllDefendants
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Appeal from United States District Court
for the Eastern District of Arkansas - Central
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Submitted: July 27, 2023
Filed: August 1, 2023
[Unpublished]
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Before LOKEN, ERICKSON, and STRAS, Circuit Judges.
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PER CURIAM.
Jonathan Vineyard, an Arkansas correctional officer, appeals the decision
denying summary judgment on Deverick Scott’s First Amendment retaliation claim.
Having carefully reviewed the record and the arguments that we can consider in this
interlocutory appeal, see Heartland Acad. Cmty. Church v. Waddle, 595 F.3d 798,
804, 807 (8th Cir. 2010) (explaining that our review is de novo, but we cannot
consider sufficiency-of-the-evidence challenges), we agree with the district court1
that genuine issues of material fact exist, see Garcia v. City of Trenton, 348 F.3d
726, 729 (8th Cir. 2003) (looking to whether a person of “ordinary firmness” would
have been chilled); Irving v. Dormire, 519 F.3d 441, 451 (8th Cir. 2008)
(recognizing that causing a prisoner to be seen as a “snitch” puts him “in danger of
being assaulted or killed by other inmates”). We accordingly affirm. See 8th Cir.
R. 47B.
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1 The Honorable D. Price Marshall, Jr., Chief Judge, United States District
Court for the Eastern District of Arkansas, partially adopting the report and
recommendations of the Honorable Patricia S. Harris, United States Magistrate
Judge for the Eastern District of Arkansas.

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