Opinion

Doe v. University of Arkansas - Fayetteville

Court
District Court, W.D. Arkansas
Filed
Jan 18, 2022
Cited by
0 cases
Authority
More cited than 17.2%

holding that University of Arkansas for Medical Sciences “is not a separate institution or a corporate body which has the capacity to sue or be sued”

How later courts described this case

  • holding that University of Arkansas for Medical Sciences “is not a separate institution or a corporate body which has the capacity to sue or be sued”

Written by the judges who cited it.

The opinion

UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF ARKANSAS

FAYETTEVILLE DIVISION

JOAN DOE PLAINTIFF

v. No. 5:21-CV-05231

UNIVERSITY OF ARKANSAS - FAYETTEVILLE DEFENDANT

OPINION AND ORDER

Before the Court is Plaintiff’s amended motion (Doc. 13) for preliminary injunction and

temporary restraining order (“TRO”) and brief (Doc. 14) in support. Defendant has not filed a

response, but no response is necessary. The motion will be DENIED IN PART.

Plaintiff is a third-year law student at the University of Arkansas School of Law. Following

purported disciplinary infractions, Plaintiff was suspended from the University of Arkansas until

Fall 2022. Plaintiff seeks both a TRO and preliminary injunction allowing her to enroll in law

school classes and obtain the credits needed to complete her law education, citing “irreparable

injury of improper denial of access to another semester of law school before the Court may hold a

hearing on the merits of the preliminary injunctive relief sought.” (Doc. 13, p. 1, ¶ 1).

Under Federal Rule of Civil Procedure 65(b)(1)

The court may issue a temporary restraining order without written or oral notice

to the adverse party or its attorney only if: (A) specific facts in an affidavit or a

verified complaint clearly show that immediate and irreparable injury, loss, or

damage will result to the movant before the adverse party can be heard in

opposition; and (B) the movant’s attorney certifies in writing any efforts made

to give notice and the reasons why it should not be required.

To begin, Plaintiff has not presented the Court with any facts regarding whether she attempted to

give notice of the motion for TRO to Defendant, nor does she cite any reasons why notice is not

required in this case. However, when Defendant entered its notice of appearance it was provided

with the requisite notice. Therefore, because notice has been given a TRO is not the proper remedy

and the motion for TRO will be denied.

Turning to the motion for a preliminary injunction, under Rule 65(a)(1), “[t]he court may

issue a preliminary injunction only on notice to the adverse party.” “The notice required by Rule

65(a) before a preliminary injunction can issue implies a hearing in which the defendant is given

a fair opportunity to oppose the application and to prepare for such opposition.” Granny Goose

Foods, Inc. v. Bhd. of Teamsters & Auto Truck Drivers Loc. No. 70, 415 U.S. 423, 433 n.7 (1974)

(citing Sims v. Greene, 161 F.2d 87 (3d. Cir. 1947)).

Defendant thus far has not had adequate time to respond to the motion for preliminary

injunction, and assuming for the sake of argument that waiting until Fall 2022 to complete a final

semester is an irreparable injury, no facts before the Court demonstrate that a delay in beginning

the semester is equivalent to loss of a whole semester. The Court will defer its ruling on the motion

for preliminary injunction until Defendant has had the opportunity to be heard on the matter.

Separately, the Court notes Defendant has filed a motion (Doc. 11) to dismiss and brief in

support (Doc. 12) which states, among other reasons, that under Arkansas law and Eighth Circuit

precedent this lawsuit should be dismissed because University of Arkansas – Fayetteville is not an

entity which may be sued. The Court is inclined to grant the motion to dismiss, noting that the

Board of Trustees of the University of Arkansas appears to be the proper party to be sued. See

Fed. R. Civ. P. 17(b); Ark. Code Ann. § 6-64-202 (establishing the Board of Trustees as a corporate

body); Assaad-Faltas v. Univ. of Ark. for Med. Scis., 708 F. Supp. 1026, 1029 (E.D. Ark. 1989)

(holding that University of Arkansas for Medical Sciences “is not a separate institution or a

corporate body which has the capacity to sue or be sued”).

Plaintiff is proceeding pro se, however, and her pleadings are “to be liberally construed.”

Erickson v. Pardus, 551 U.S. 89, 94 (2007) (quoting Estelle v. Gamble, 429 U.S. 97, 106 (1976)).

Accordingly, Plaintiff should be permitted to amend before dismissal on this basis. Pursuant to

Federal Rule of Civil Procedure 15, Plaintiff may amend her complaint once as a matter of course

within 21 days of service of the motion to dismiss. Plaintiff should thus ensure that the proper

defendant is named within that time and should serve summons on any newly named defendant

unless counsel for Defendant will agree to accept service on behalf of the Board of Trustees in

order to expedite resolution of the merits of these motions.

Though Plaintiff has provisionally been permitted to proceed under a pseudonym (Doc. 6),

the Court has had to seal several documents filed by Plaintiff which reveal her true name. The

Court cautions Plaintiff that it will no longer review filings to protect Plaintiff’s identity, and

should Plaintiff file another document which uses her true name as opposed to her pseudonym her

motion (Doc. 2) to proceed under a pseudonym will be denied as mooted before the proper

Defendants even file a response. Should Plaintiff choose to file an amended complaint, she should

redact her identifying information from the complaint and any exhibits and file an unredacted copy

of the complaint and exhibits under seal, to be maintained by the Clerk with access restricted to

the Court and parties.

IT IS THEREFORE ORDERED that Plaintiff’s motion (Doc. 13) for a temporary

restraining order and preliminary injunction is DENIED IN PART. A ruling on Plaintiff’s motion

for a preliminary injunction will be deferred until the proper Defendants have had the opportunity

to respond.

IT IS SO ORDERED this 18th day of January, 2022.

/s/P. K. Holmes,

P.K. HOLMES, III

U.S. DISTRICT JUDGE

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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