Everett v. Jackson

IN THE UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF ARKANSAS

NORTHERN DIVISION

CHRISTOPHER EVERETT

ADC #152664 PLAINTIFF v. No. 3:20-cv-259-DPM-JTK FOSTER, Corporal C Shift, NCU;

REVERA, Corporal, NCU; and

ETHAN PORTOR, Sergeant, NCU DEFENDANTS ORDER

On de novo review, the Court adopts Magistrate Judge Kearney’s partial recommendation, Doc. 50, as modified and overrules Defendants’ objections, Doc. 51-1. Everett’s declaration is a sudden revision, but not a wholly unexplained one. Wilson v. Westinghouse Electrical Corp., 838 F.2d 286, 289 (8th Cir. 1988). And “district courts must exercise extreme care not to take genuine issues of fact away from juries[.]” Ibid. Defendants’ motion for summary judgment, Doc. 42, is therefore denied. The modification: the denial is without prejudice. Given the timing of Everett’s declaration, Defendants may move to reopen discovery and depose Everett again if they wish to do so. Any motion to reopen is due by 17 September 2021. If no motion is filed, then the Court asks that Magistrate Judge Kearney appoint counsel for Everett and notify the Court that this case is ready to be set for trial.

So Ordered.

D.P. Marshall Jr.

United States District Judge September 2021 _2-