United States Court of Appeals
For the Eighth Circuit
___________________________
No. 20-1323
___________________________
Deverick Scott
lllllllllllllllllllllPlaintiff - Appellant
v.
Pamela Cook, Sergeant, Varner Supermax
lllllllllllllllllllllDefendant - Appellee
____________
Appeal from United States District Court
for the Eastern District of Arkansas - Pine Bluff
____________
Submitted: August 12, 2020
Filed: August 17, 2020
[Unpublished]
____________
Before COLLOTON, WOLLMAN, and BENTON, Circuit Judges.
____________
PER CURIAM.
In this 42 U.S.C. § 1983 action, Arkansas inmate Deverick Scott appeals the
district court’s1 adverse grant of summary judgment. Viewing the record in a light
1
The Honorable D. P. Marshall Jr., Chief Judge, United States District Court
for the Eastern District of Arkansas, adopting the report and recommendations of the
most favorable to Scott, see Mbonyunkiza v. Beasley, 956 F.3d 1048, 1050 (8th Cir.
2020) (de novo review), we agree with the district court that because some evidence
supported the disciplinary report Scott was issued, his First Amendment retaliation
claim arising from that report failed, see Santiago v. Blair, 707 F.3d 984, 993 (8th Cir.
2013) (defendant may successfully defend against retaliatory discipline claim with
some evidence that inmate actually violated prison rule). The judgment is affirmed.
See 8th Cir. R. 47B.
______________________________
Honorable Jerome T. Kearney, United States Magistrate Judge for the Eastern District
of Arkansas.
-2-