Jeremy Kennedy v. Joseph Gossett and Brandon Brown

• Court: District Court, E.D. Arkansas
• Decided: March 10, 2026
• Docket: 4:24-cv-00219
• Status: Unknown

Opinion

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS CENTRAL DIVISION

JEREMY KENNEDY PLAINTIFF ADC #093061

No. 4:24-cv-219-DPM

JOSEPH GOSSETT and BRANDON BROWN DEFENDANTS

ORDER Kennedy has filed a second motion seeking judgment as a matter of law on his claims against Gossett. Gossett didn’t respond. Kennedy has worked the case hard and well. His arguments are thorough and well presented. He has solid claims to take to ajury. But he isn’t entitled to summary judgment for the reasons stated in the Order, Doc. 164, denying his first motion for summary judgment and as explained below. Malicious prosecution and abuse of process. The malicious prosecution claim fails. Yes, the original misdemeanor charges were dismissed. But that was because felony charges were filed. And Kennedy pleaded guilty to those felonies. This claim should be dismissed. South Arkansas Petroleum Co. v. Schiesser, 343 Ark. 492, 495, 36 S.W.3d 317, 319 (2001). So, suffice to say, Kennedy isn’t entitled to

summary judgment. He abandons his abuse of process claim. Doc. 194 at 15. Arkansas Rule of Criminal Procedure 4.6. There isn’t a due process claim for violating this rule. And the rule doesn’t create a private right of action. E.g., Wellman v. Supreme Court of Ohio, 2018 WL 9651499, at *3 (6th Cir. 13 November 2018) (unpublished per curiam). Kennedy isn’t entitled to summary judgment. Excessive force and deliberate indifference. These are Kennedy’s strongest claims. He may prevail on them before ajury. But he isn’t entitled to summary judgment. Doc. 164 at 5. Yard search claims. Kennedy abandons the trespass claim. He isn’t entitled to summary judgment on the yard search claim. The Arkansas Supreme Court has rejected his reading of the parole waiver statute. McFerrin v. State, 344 Ark. 671, 679, 42 S.W.3d 529, 534-35 (2001). Cell phone claims. Kennedy abandons some of his cell phone- related claims. Doc. 194 at 12-14. The record remains fuzzy about what happened with the cell phones. A trial is needed on the claims Kennedy hasn’t abandoned. Davidson & Associates v. Jung, 422 F.3d 630, 638 (8th Cir. 2005). Illegal detention claims. Kennedy abandons (or clarifies) some of these claims. Doc. 194 at 14-18. His remaining claims aren’t suitable for summary judgment, as the Court explained in its last Order.

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Kennedy’s second motion for summary judgment, Doc. 192, is denied. His abandoned claims are dismissed without prejudice. Fed. R. Civ. P. 41(a)(2). An updated appendix listing the status of the claims in the third amended complaint is attached. Kennedy’s motion for copies, Doc. 200, is denied because Gossett didn’t file a response to the second motion for summary judgment. This case is currently set for trial 28 July 2026. Kennedy has done a fine job as a pro se litigant. But his pro se status has presented challenges, too. The Court will appoint a lawyer for him at this point if he wants one. In addition to representing Kennedy at trial, a lawyer would be a help preparing for trial: in subpoenaing witnesses, filing motions in limine, marshalling evidence, and drafting jury instructions. If Kennedy wants an appointed lawyer, he should file a motion by 27 March 2026. A pretrial status conference would benefit everyone involved in this case. The Court refers the case to Magistrate Judge Joe Volpe to hold one and to appoint counsel if Kennedy requests one. So Ordered.

D.P. Marshall Jr. United States District Judge 10 Mercr ADA

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APPENDIX - 10 MARCH 2026

Brandon Brown, §1983, Illegal Search | Pending. Brown is Officer, Bald Knob (9 144-153) in default. Doc. 143 Police Department &144. §1983, Excessive Dismissed without Force (§[§ 154-159) prejudice, failure to . state aclaim. Doc. 80. Joseph Gossett §1983, Illegal Arrest | Dismissed without 160-165) prejudice. Doc. 80. Malady v. Crunk, 902 F.2d 10, 11-12 (8th Cir. 1990). 81983, Unlawful Dismissed without Detention (4 164) prejudice. Doc. 80. Malady v. Crunk, 902 F.2d 10, 11-12 (8th Cir. 1990).

Prosecution □□□ 166- 185 Violation of Arkansas | Pending. Rule of Criminal Procedure 4.6 186-190) frome gis) Force (191-195 § 1983 Deliberate Pending. Indifference (4 196- 199) of Yards (J 200-206)

ee Brame Doe 201. Dismissed. Doc. 201. §1983, Illegal Search | Pending. ee Phones (§[§{ 207-211 EatPhones Cell Phones (4 212 Fat BIRT ismsced Doc 201. 213) Dismissed. Doc. 201. Conversion(]. 214) {Pending Dismissed Doe. 20 Dismissed. Doc. 201. Arkansas’s Statutory | Pending. Right to be Released on Bail 215-217 rising ismtaed Doe 200. 218-221 Dismissed. Doc. 201. §1983, Illegal Pending. Detention for failure to give affidavit in 48 hours ({ {J 222-228 §1983, Illegal Pending. Detention because of false statements in affidavit (| {229-232 eat [Reel Detention (4 233- Dismissed. Doc. 201. 234 Libel (| 235-238) Dismissed without prejudice, failure to state aclaim. Doc. 80. Matthew Rainwater | § 1983 Deliberate Voluntarily Indifference (4 239- | dismissed. Doc. 143. 246)

Cameron Hughes, § 1983 Deliberate Dismissed without LPN Indifference 247- | prejudice, failure to 248 state aclaim. Doc. 80. aig OT Ue, 248 dismissed. Doc. 143. White County § 1983 Deliberate Voluntarily Detention Center Indifference (4 249- | dismissed. Doc. 143. Medical Director 250, 256-25 | eege a [a ms malpractice □□□ 249- | dismissed. Doc. 143. 250, 258 White County § 1983 Deliberate Voluntarily Detention Center Indifference ({ 249, | dismissed. Doc. 143. Nurse | 251-252, 256-257) Negligence/medical | Voluntarily malpractice 249- 250, 258) White County § 1983 Deliberate Voluntarily Detention Center Indifference ({ 249, | dismissed. Doc. 143. Nurse II 251, 253, 256-25 ee malpractice ({[ 249- | dismissed. Doc. 143. 250, 253, 258 White County § 1983 Deliberate Dismissed without Detention Center Indifference (J 249, | prejudice, failure to Nurse III 251, 256-257, 259 state acclaim. Doc. 80. ee malpractice (J 249- | prejudice, failure to 250, 258-259 state aclaim. Doc. 80.

Detention Center Indifference 249, | dismissed. Doc. 143. Nurse IV 251, 254, 256-257, 260)

Negligence/medical | Voluntarily malpractice 249- | dismissed. Doc. 143. 250, 254, 258, 260

Detention Center Indifference ({{ 249, | prejudice, failure to Nurse V 251, 255, 256-25 state aclaim. Doc. 80. Negligence/medical | Dismissed without ee 250, 255, 258) state aclaim. Doc. 80. White County § 1983 Deliberate Dismissed with Indifference, prejudice. Doc. 183-1. Municipal Liability {261-265 Indifference ({266- | prejudice, failure to 268 state aclaim. Doc. 80.