United States Court of Appeals For the Eighth Circuit ___________________________ No. 22-3152 ___________________________ Deverick Scott lllllllllllllllllllllPlaintiff - Appellee v. Dexter Payne, Director, ADC; Marshall Reed, Assistant Director, ADC; Gibson, Warden, VSM Unit, ADC; Shipman, Assistant Warden, VSM Unit, ADC; Plummer, Captain, VSM Unit, ADC; Carroll, Major, VSM Unit, ADC; Lord, Lieutenant, VSM Unit, ADC; Jones, Lieutenant, VSM Unit, ADC; Washington, Lieutenant, VSM Unit, ADC lllllllllllllllllllllDefendants Jonathan Vineyard, Corporal, VSM Unit, ADC (originally Vineyard) lllllllllllllllllllllDefendant - Appellant Whittaker, Corporal, VSM Unit, ADC; Brown, Lieutenant, VSM Unit, ADC; Garcia, Sergeant, VSM Unit, ADC; King, Sergeant, VSM Unit, ADC; Gloria Thompson, Grievance Officer, VSM Unit, ADC lllllllllllllllllllllDefendants ____________ Appeal from United States District Court for the Eastern District of Arkansas - Central ____________ Submitted: July 27, 2023 Filed: August 1, 2023 [Unpublished] ____________ Before LOKEN, ERICKSON, and STRAS, Circuit Judges. ____________ PER CURIAM.

Jonathan Vineyard, an Arkansas correctional officer, appeals the decision denying summary judgment on Deverick Scott’s First Amendment retaliation claim.

Having carefully reviewed the record and the arguments that we can consider in this interlocutory appeal, see Heartland Acad. Cmty. Church v. Waddle, 595 F.3d 798, 804, 807 (8th Cir. 2010) (explaining that our review is de novo, but we cannot consider sufficiency-of-the-evidence challenges), we agree with the district court1 that genuine issues of material fact exist, see Garcia v. City of Trenton, 348 F.3d 726, 729 (8th Cir. 2003) (looking to whether a person of “ordinary firmness” would have been chilled); Irving v. Dormire, 519 F.3d 441, 451 (8th Cir. 2008) (recognizing that causing a prisoner to be seen as a “snitch” puts him “in danger of being assaulted or killed by other inmates”). We accordingly affirm. See 8th Cir. R. 47B. ______________________________

The Honorable D. Price Marshall, Jr., Chief Judge, United States District Court for the Eastern District of Arkansas, partially adopting the report and recommendations of the Honorable Patricia S. Harris, United States Magistrate Judge for the Eastern District of Arkansas. -2-