Opinion

Scott v. Gibson

Court
District Court, E.D. Arkansas
Filed
Aug 18, 2020
Cited by
0 cases
Authority
More cited than 17.0%

The opinion

IN THE UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF ARKANSAS

PINE BLUFF DIVISION

DEVERICK SCOTT

ADC #131042 PLAINTIFF

V. No. 5:19-cv-63-DPM

JAMES GIBSON, Warden, Varner Unit;

VIRGINIA ALLEN, Mailroom Supervisor,

Varner Supermax Unit; TRENT SMITH,

Officer, Varner Supermax Unit; JOHN

POLLETT, Chaplain, Varner Supermax

Unit; SEAM TREAS, Chaplain, Varner

Supermax Unit; DEXTER MCDONNELL,

Chaplain, Varner Supermax Unit; DOES,

Publication Review Committee Members,

Varner Unit; and BRIANA BOATNER DEFENDANTS

ORDER

On de novo review, the Court adopts the recommendation, Doc. 58,

as modified and overrules Scott’s objections, Doc. 60 & 61. FED. R. CIv.

P. 72(b)(3).

The modifications: First, the recommendation says Scott didn’t

show how the lack of a feast tray prevented his celebration, in part

because specific food wasn’t required or typical for the feast. Doc. 58

10. In his objections, Scott says the withholding of the feast tray

prevented him from “achieving the peace and focus that is part of the

Ramadan observance.” Doc. 60 at 2. Viewing the record in the light

most favorable to Scott, the Court does not adopt the recommendation

on this point. Smith-Bunge v. Wisconsin Central, Ltd., 946 F.3d 420, 424

(8th Cir. 2019). But, the Court agrees with the Magistrate Judge’s

ultimate conclusion: The feast tray incident, even combined with the

Ramadan meal incident, does not rise to the level of a substantial

burden, under either RLUIPA or the First Amendment. Mbonyunkiza v.

Beasley, 956 F.3d 1048, 1053-54 (8th Cir. 2020); Patel v. U.S. Bureau of

Prisons, 515 F.3d 807, 813 n.7 (8th Cir. 2008).

Second, the Court declines the recommendation’s last paragraph,

which deals with qualified immunity on Scott’s retaliation claim.

Doc. 58 at 15 & n.8. Prisoners have a clearly established right to be free

from retaliation for using the grievance process. Santiago v. Blair,

707 F.3d 984, 991 (8th Cir. 2013). And the adverse action “itself need

not be a constitutional violation; the violation is acting in retaliation for

the exercise of a constitutionally protected right.” Spencer v. Jackson

County, Missouri, 738 F.3d 907, 911 (8th Cir. 2013). The Court agrees

with the Magistrate Judge, though, that Scott’s retaliation claim fails on

the merits.

Motion for summary judgment, Doc. 47, granted. Scott’s claims

will be dismissed with prejudice.

So Ordered.

nell $-.

D.P. Marshall Jr.

United States District Judge

(8 aust 2020

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.