8th U.S. Circuit Court of Appeals Digest: Oct. 17, 2019.

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Civil Opinions

Civil Rights

42 U.S.C. 1983; Appointment of Counsel; Failure to Train/Supervise/Protect

Defendant, an inmate, appealed the denial of his motion for appointed counsel and adverse grant of summary judgment on his failure to train/supervise claim.

Where defendant failed to object to the denial of appointed counsel, the court lacked appellate jurisdiction, and the District Court correctly granted summary judgment where defendant failed to demonstrate a policy or custom or that corrections officers failed to intervene when defendant was attacked, but erroneously granted summary judgment on an excessive force claim where there were disputed material facts. Judgment is affirmed in part and reversed and remanded in part.

18-3111 Flemons v. Devane, appealed from the Western District of Arkansas, per curiam.

Employer-Employee

Fair Labor Standards Act; Unpaid Wages; Extension of Expert Report Deadline

Plaintiffs filed a class action suit against defendants, seeking compensation for unpaid wages allegedly earned during off-duty time spent on short rest breaks and while plaintiffs were resting in their trucks' sleeper berths. Following a trial, the jury awarded plaintiffs over $779,000 in damages for short rest-break wages. The District Court awarded plaintiffs a reduced amount of liquidated damages and attorneys' fees and costs and refused to award plaintiffs certain taxable costs and awarded defendants costs on plaintiffs' sleeper berth claims.

Where there was no good cause, the District Court erred in extending the deadline for disclosing expert reports to permit plaintiffs to submit a new expert report to correct flaws in their original expert report discovered during deposition. Judgment is vacated and remanded

Colloton, J., dissenting: "The District Court did not find good cause to modify the schedule, and thus concluded that the plaintiffs should be sanctioned for their late submission. Rather than exclude the late...