DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
222533P.pdf 08/14/2023 John Marlow v. City of Clarendon
U.S. Court of Appeals Case No: 22-2533
U.S. District Court for the Eastern District of Arkansas - Central
[PUBLISHED] [Kelly, Author, with Gruender and Arnold, Circuit Judges]
Civil case - Civil rights. When a defendant failed to complete her
deposition, plaintiff never moved to compel her to continue the
deposition, and the district court did not abuse its discretion in denying
his motion for sanctions against the defendant in the absence of any
showing of prejudice; the district court did not abuse its discretion in
denying plaintiff's motion to compel the deposition of a special agent of
the Arkansas State Police; the agent testified at trial, and plaintiff
could not show how the absence of pre-trial discovery concerning the
agent's testimony resulted in fundamental unfairness at trial; plaintiff's
motion to stay summary judgment for additional discovery did not comply
with Fed. R. Civ. P. 56(d) and did not show how the information was
relevant to rebut defendants' motion for summary judgment; as a result,
the district court did not abuse its discretion in denying the motion; the
summary judgment record showed that plaintiff was not engaging in First
Amendment protected speech when he gave a video of a police pursuit to a
fellow officer; in rejecting plaintiff's Arkansas Whistleblower claim, a
reasonable jury could find that he failed to satisfy his burden of proof
to show his report was made in good faith.