Pierre Watson v. Zachary Driskill

• Court: Court of Appeals for the Eighth Circuit
• Decided: February 3, 2023
• Docket: 22-1673
• Status: Unpublished

Opinion

United States Court of Appeals For the Eighth Circuit ___________________________

No. 22-1673 ___________________________

Pierre Watson

lllllllllllllllllllllPlaintiff - Appellant

v.

Officer Zachary Driskill, Individual capacity; Jessica Hanner, Sgt., Individually

lllllllllllllllllllllDefendants - Appellees

Diane Manley, Corporal, Individually; Kevin Brown, Correctional Officer, Individually; John Hendrichs, Correctional Officer, Individually; Matthew Unknown, Correctional Officer, Individually; Tammy Unknown, Sick Call Nurse, Individually; Institution Doctor Unknown, Individually; Michelle Unknown; Unknown Fulh

lllllllllllllllllllllDefendants ___________________________

No. 22-2378 ___________________________

Officer Zachary Driskill, Individual capacity; Jessica Hanner, Sgt., Individually

llllllllllllllllll llDefendants - Appellees Diane Manley, Corporal, Individually; Kevin Brown, Correctional Officer, Individually; John Hendrichs, Correctional Officer, Individually; Matthew Unknown, Correctional Officer, Individually; Tammy Unknown, Sick Call Nurse, Individually; Institution Doctor Unknown, Individually; Michelle Unknown; Unknown Fulh

lllllllllllllllllllllDefendants ____________

Appeals from United States District Court for the Eastern District of Missouri - St. Louis ____________

Submitted: January 19, 2023 Filed: February 3, 2023 [Unpublished] ____________

Before GRUENDER, MELLOY, and STRAS, Circuit Judges. ____________

PER CURIAM.

Pierre Watson appeals the district court’s 1 refusal to reconsider its grant of summary judgment to the corrections officers who allegedly failed to protect him from another inmate. Having carefully reviewed the record and the parties’ arguments on appeal, we conclude that there was no abuse of discretion in denying his motions to set aside the judgment and compel discovery. See Freeman v. Wyeth, 764 F.3d 806, 809 (8th Cir. 2014); Fed. R. Civ. P. 37(a)(1) (requiring a party seeking an order compelling discovery to first make “an effort to obtain it without court action”). Also absent is any evidence of judicial bias. See Liteky v. United States,

1 The Honorable Audrey G. Fleissig, United States District Judge for the Eastern District of Missouri. 510 U.S. 540, 555 (1994). We accordingly affirm the judgment of the district court. See 8th Cir. R. 47B. ______________________________

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