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Scott v. Kelley

United States District Court, E.D. Arkansas, Pine Bluff Division

February 20, 2018

DEVERICK SCOTT ADC #131042 PLAINTIFF
v.
WENDY KELLEY, Director, ADC; et al. DEFENDANTS

          PROPOSED FINDINGS AND RECOMMENDATIONS

          JOE J. VOLPE, UNITED STATES MAGISTRATE JUDG.

         INSTRUCTIONS

         The following recommended disposition has been sent to United States District Judge D.P. Marshall Jr. Any party may serve and file written objections to this recommendation. Objections should be specific and should include the factual or legal basis for the objection. If the objection is to a factual finding, specifically identify that finding and the evidence that supports your objection. An original and one copy of your objections must be received in the office of the United States District Court Clerk no later than fourteen (14) days from the date of the findings and recommendations. The copy will be furnished to the opposing party. Failure to file timely objections may result in waiver of the right to appeal questions of fact.

         If you are objecting to the recommendation and also desire to submit new, different, or additional evidence, and to have a hearing for this purpose before the District Judge, you must, at the same time that you file your written objections, include the following:

1. Why the record made before the Magistrate Judge is inadequate.
2. Why the evidence proffered at the hearing (if such a hearing is granted) was not offered at the hearing before the Magistrate Judge.
3. The details of any testimony desired to be introduced at the new hearing in the form of an offer of proof, and a copy, or the original, of any documentary or other non-testimonial evidence desired to be introduced at the new hearing.

         From this submission, the District Judge will determine the necessity for an additional evidentiary hearing. Mail your objections and “Statement of Necessity” to:

Clerk, United States District Court
Eastern District of Arkansas
600 West Capitol Avenue, Suite A149
Little Rock, AR 72201-3325

         DISPOSITION

         I. INTRODUCTION

         Deverick Scott (“Plaintiff”), an inmate at the Varner Supermax Unit of the Arkansas Department of Correction (“ADC”), filed this action pro se and pursuant to 42 U.S.C. § 1983. (Doc. No. 2.) He alleges Defendants John Herrington, Richardson, [1] and Brown[2] unjustly seized and confiscated his legal books and materials, Defendants Evans[3] and Felicia Piggie-Gordan[4]refused to provide him with supplies, and Defendants Bundick, [5] Bolden, [6] and Mark Stephens failed to take corrective action and failed to train and supervise in this area, all in violation of Plaintiff's First, Fourth, and Fourteenth Amendment rights, his right of meaningful access to the courts, and Arkansas law regarding negligence and intentional infliction of emotional distress.[7](Id. at 14-15.) Plaintiff seeks compensatory and punitive damages. (Id. at 18-20.)

         The remaining Defendants have now filed a Motion for Summary Judgment contending they are entitled to judgment as a matter of law on Plaintiff's claims. (Doc. No. 40.) Plaintiff has responded (Doc. Nos. 45-47), and this matter is now ripe for a decision. After careful review, and for the following ...


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