No. 20-5845

Deverick Scott v. Danny Burl, Warden, et al.

Lower Court: Eighth Circuit
Docketed: 2020-09-30
Status: Denied
Type: IFP
IFP
Tags: 1st-amendment administrative-grievance civil-rights cruel-and-unusual-punishment cruel-unusual-punishment due-process false-disciplinary first-amendment prisoner-rights property-rights retaliation
Key Terms:
SocialSecurity DueProcess FirstAmendment Punishment
Latest Conference: 2020-12-04
Question Presented (AI Summary)

Confiscation-and-destruction-of-prisoner-property

Question Presented (OCR Extract)

QUESTION(S) PRESENTED 1. Ifthe A.D.C. authorizes a prisoner to have his personal property in Isolation Confinement by giving to him on his 48hr relief after he served 30 days ——consecutive in punitive measures and forget to come back and get that property, ~~ -"** can A.D.C. on shakedown “confiscate”, and “Destroy” that very property for being in possession of that very same property while housed in Punitive Isolation.(Property that have sentimentally value). And after several administrative grievance complaints properly still destroyed... Is this Constitutional? Copy Vv. WEBER. 256 F 3p 764, 771 (8TH CIR. 2001). SHAW V. MurRPHY 532 U.S. 223, 232-31 (2001). 2. If an prisoner is allowed to buy hygiene items in Punitive Isolation for Oct. Nov. 2015 but after constant redressing of grievances of his personal property being destroyed then Major refuse to sign off on prisoner 48hr relief slip to by hygiene items. Its denied now saying inmate is not allowed to buy hygiene items in Punitive Isolation having inmates living and smelling like criminals. Is that cruel and unusual punishment? Copy V. WEBER,256 F 3p 764, 771 (8TH Cir. 2001). SHAW V. MURPHY 532 U.S. 223, 232-31(2001), FARMER V. BRENNAN , 511 U.S. 825, 825, 834 (1970) OWENS V. SCOTT COUNTY JAIL, 328 F. 3D 1026, 1027 (8TH Cir. 2003). 3. Did 8" Circuit, and District Court abuse its discretion by failing to liberally construe Scott complaint as a complete failure to treat abscess, cause his hair was twisted and locked for his religious beliefs. “By Scott being out his cell for 1hr at medical jacket review. The D.O.N. of infirmary telling guards to escort Scott infirmary once he left medical jacket review. Scott being already strip search 2 before he left his cell, and walking in infirmary door to be medically treated in full handcuffs, and shackles” . By A.D.C. officers Stout and Clark telling guards stop! Take Scott back to his cell and don’t let him out to he take his hair down. is that denial, delayed of serious medical attention? More importantly is that a violation of _ Scotts religious beliefs. He had wait 6 hours till next shift to receive medical — — attention. Is that cruel and unusual? And 1‘ Amendment violation? ATKINS V. OS BOkIN, 91 F. 3D 1127, 2128-29 (8TH Cir. 1999); SEA LOCK, 218 F. 3p AT 1211; LOVE V. REED, 216 F. 3D 682 8TH Cir. 2000 U.S.C. A; THOMAS V. COLLINS, 323 U.S. 516, 530 (1945). 4. If in Discovery process of 42 U.S.C. complaint Defendants admit that the “false disciplinary hat was written in retaliation” and inmate was found guilty on “some evidence” standard. But officer admit in Discovery another officer had told them to write disciplinary. None of allegations in disciplinary are true against plaintiff. In today; society should that plaintiff then receive some type of relief? Should retaliation disciplinaries inmates alleging be put to new standard of today’s society standards. Cause if an officer is already retaliating on an inmate and falsifying a disciplinary, they gone fabricate the evidence to find him guilty. JOHNSON V. GANIM 342 F 3p 105, 112 (2D CiR. 2003) THADDEUS-X V. BLATTER 175 F. 3D378, 394 (6TH CIR. 1999) DIXON V. BROWN, 38 F. 3D 379 (8TH CIR. 1994); HARTSFIELD V. NICHOLS, 511 F. 3D 826 (8TH CIR. 2008). 3

Docket Entries

2020-12-07
Petition DENIED.
2020-11-12
DISTRIBUTED for Conference of 12/4/2020.
2020-07-01
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 30, 2020)

Attorneys

Deverick Scott
Deverick Scott — Petitioner