Opinion

IN THE UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF ARKANSAS

CENTRAL DIVISION

JEREMY KENNEDY PLAINTIFF

ADC #093061

No. 4:24-cv-219-DPM

JOSEPH GOSSETT and BRANDON

BROWN DEFENDANTS

ORDER

Kennedy has filed a second motion seeking judgment as a matter

of law on his claims against Gossett. Gossett didn’t respond.

Kennedy has worked the case hard and well. His arguments are

thorough and well presented. He has solid claims to take to ajury. But

he isn’t entitled to summary judgment for the reasons stated in the

Order, Doc. 164, denying his first motion for summary judgment and as

explained below.

Malicious prosecution and abuse of process. The malicious

prosecution claim fails. Yes, the original misdemeanor charges were

dismissed. But that was because felony charges were filed. And

Kennedy pleaded guilty to those felonies. This claim should be

dismissed. South Arkansas Petroleum Co. v. Schiesser, 343 Ark. 492, 495,

36 S.W.3d 317, 319 (2001). So, suffice to say, Kennedy isn’t entitled to

summary judgment. He abandons his abuse of process claim.

Doc. 194 at 15.

Arkansas Rule of Criminal Procedure 4.6. There isn’t a due

process claim for violating this rule. And the rule doesn’t create a

private right of action. E.g., Wellman v. Supreme Court of Ohio, 2018 WL

9651499, at *3 (6th Cir. 13 November 2018) (unpublished per curiam).

Kennedy isn’t entitled to summary judgment.

Excessive force and deliberate indifference. These are

Kennedy’s strongest claims. He may prevail on them before ajury. But

he isn’t entitled to summary judgment. Doc. 164 at 5.

Yard search claims. Kennedy abandons the trespass claim. He

isn’t entitled to summary judgment on the yard search claim. The

Arkansas Supreme Court has rejected his reading of the parole waiver

statute. McFerrin v. State, 344 Ark. 671, 679, 42 S.W.3d 529, 534-35

(2001).

Cell phone claims. Kennedy abandons some of his cell phone-

related claims. Doc. 194 at 12-14. The record remains fuzzy about what

happened with the cell phones. A trial is needed on the claims Kennedy

hasn’t abandoned. Davidson & Associates v. Jung, 422 F.3d 630, 638 (8th

Cir. 2005).

Illegal detention claims. Kennedy abandons (or clarifies) some

of these claims. Doc. 194 at 14-18. His remaining claims aren’t suitable

for summary judgment, as the Court explained in its last Order.

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Kennedy’s second motion for summary judgment, Doc. 192, is

denied. His abandoned claims are dismissed without prejudice. Fed.

R. Civ. P. 41(a)(2). An updated appendix listing the status of the claims

in the third amended complaint is attached. Kennedy’s motion for

copies, Doc. 200, is denied because Gossett didn’t file a response to the

second motion for summary judgment.

This case is currently set for trial 28 July 2026. Kennedy has done

a fine job as a pro se litigant. But his pro se status has presented

challenges, too. The Court will appoint a lawyer for him at this point if

he wants one. In addition to representing Kennedy at trial, a lawyer

would be a help preparing for trial: in subpoenaing witnesses, filing

motions in limine, marshalling evidence, and drafting jury instructions.

If Kennedy wants an appointed lawyer, he should file a motion by

27 March 2026.

A pretrial status conference would benefit everyone involved in

this case. The Court refers the case to Magistrate Judge Joe Volpe to

hold one and to appoint counsel if Kennedy requests one.

So Ordered.

D.P. Marshall Jr.

United States District Judge

10 Mercr ADA

-3-

APPENDIX - 10 MARCH 2026

Brandon Brown, §1983, Illegal Search | Pending. Brown is

Officer, Bald Knob (9 144-153) in default. Doc. 143

Police Department &144.

§1983, Excessive Dismissed without

Force (§[§ 154-159) prejudice, failure to

. state aclaim. Doc. 80.

Joseph Gossett §1983, Illegal Arrest | Dismissed without

160-165) prejudice. Doc. 80.

Malady v. Crunk, 902

F.2d 10, 11-12 (8th

Cir. 1990).

81983, Unlawful Dismissed without

Detention (4 164) prejudice. Doc. 80.

Malady v. Crunk, 902

F.2d 10, 11-12 (8th

Cir. 1990).

Prosecution □□□ 166-

185

Violation of Arkansas | Pending.

Rule of Criminal

Procedure 4.6

186-190)

frome gis)

Force (191-195

§ 1983 Deliberate Pending.

Indifference (4 196-

199)

of Yards (J 200-206)

ee Brame Doe 201.

Dismissed. Doc. 201.

§1983, Illegal Search | Pending.

ee

Phones (§[§{ 207-211

EatPhones

Cell Phones (4 212

Fat BIRT ismsced Doc 201.

213) Dismissed. Doc. 201.

Conversion(]. 214) {Pending

Dismissed Doe. 20

Dismissed. Doc. 201.

Arkansas’s Statutory | Pending.

Right to be Released

on Bail 215-217

rising ismtaed Doe 200.

218-221 Dismissed. Doc. 201.

§1983, Illegal Pending.

Detention for failure

to give affidavit in 48

hours ({ {J 222-228

§1983, Illegal Pending.

Detention because of

false statements in

affidavit (| {229-232

eat [Reel

Detention (4 233- Dismissed. Doc. 201.

234

Libel (| 235-238) Dismissed without

prejudice, failure to

state aclaim. Doc. 80.

Matthew Rainwater | § 1983 Deliberate Voluntarily

Indifference (4 239- | dismissed. Doc. 143.

246)

Cameron Hughes, § 1983 Deliberate Dismissed without

LPN Indifference 247- | prejudice, failure to

248 state aclaim. Doc. 80.

aig OT Ue,

248 dismissed. Doc. 143.

White County § 1983 Deliberate Voluntarily

Detention Center Indifference (4 249- | dismissed. Doc. 143.

Medical Director 250, 256-25

| eege a [a ms

malpractice □□□ 249- | dismissed. Doc. 143.

250, 258

White County § 1983 Deliberate Voluntarily

Detention Center Indifference ({ 249, | dismissed. Doc. 143.

Nurse | 251-252, 256-257)

Negligence/medical | Voluntarily

malpractice 249-

250, 258)

White County § 1983 Deliberate Voluntarily

Detention Center Indifference ({ 249, | dismissed. Doc. 143.

Nurse II 251, 253, 256-25

ee

malpractice ({[ 249- | dismissed. Doc. 143.

250, 253, 258

White County § 1983 Deliberate Dismissed without

Detention Center Indifference (J 249, | prejudice, failure to

Nurse III 251, 256-257, 259 state acclaim. Doc. 80.

ee

malpractice (J 249- | prejudice, failure to

250, 258-259 state aclaim. Doc. 80.

Detention Center Indifference 249, | dismissed. Doc. 143.

Nurse IV 251, 254, 256-257, 260)

Negligence/medical | Voluntarily

malpractice 249- | dismissed. Doc. 143.

250, 254, 258, 260

Detention Center Indifference ({{ 249, | prejudice, failure to

Nurse V 251, 255, 256-25 state aclaim. Doc. 80.

Negligence/medical | Dismissed without

ee 250, 255, 258) state aclaim. Doc. 80.

White County § 1983 Deliberate Dismissed with

Indifference, prejudice. Doc. 183-1.

Municipal Liability

{261-265

Indifference ({266- | prejudice, failure to

268 state aclaim. Doc. 80.