Case law

Stewart v. Henslee

206 F. Supp. 137 · District Court, E.D. Arkansas · Jun 12, 1962

, that the State did not rebut it, and that the *139 District Court’s conclusion to the contrary was clearly erroneous. … A fact of this kind, as has been noted above, would support a conclusion that a prima facie case of discrimination in the selection of juries in these civil divisions has been established.” la.

Independent Party of Arkansas v. Secretary of State Priest

907 F. Supp. 1276 · District Court, E.D. Arkansas · Nov 17, 1995

person who, under color of any statute, ordinance, regulation, custom, or usage, of any State ... subjects, or causes to be subjected, any citizen of the United States ... to the deprivation of any rights, privileges, or immunities … Thus, plaintiffs cannot establish a causal connection between the Arkansas primary election laws and the harm they allege. Plaintiffs’ claims under § 1983 are dismissed. IT IS SO ORDERED. 1 .

Giron v. City of Alexander

693 F. Supp. 2d 904 · District Court, E.D. Arkansas · Mar 5, 2010

The Court also rejects qualified immunity for Spears. … The Court further holds that Leath is not entitled to qualified immunity with regard to this charge.

Rollins v. Farris

108 F.R.D. 714 · District Court, E.D. Arkansas · Dec 19, 1985

Nanette Rollins’ qualifications were clearly superi- or.” … It is well-settled that in order to establish a prima facie case under 42 U.S.C. § 2000e or 29 U.S.C. § 626 , the plaintiff must show that she was qualified for the position, that she was rejected and that a member of a non-proteeted

Robertson v. Nelson

District Court, E.D. Arkansas · Aug 10, 2023

To determine whether a defendant is entitled to qualified immunity, the Court must consider two questions: (1) do the facts alleged by plaintiff establish a violation of a constitutional or statutory right; and (2) if so … , was that right clearly established at the time of the defendant’s alleged misconduct.

Hulsey v. Sargent

550 F. Supp. 179 · District Court, E.D. Arkansas · Nov 12, 1981

The memorandum in support of the petition for rehearing, however, clearly makes the arguments here espoused by Mr. Hulsey. … Hulsey relief under Rule 37 do not answer this question clearly. In its disposition of Mr.

Buckley v. Fallis

District Court, E.D. Arkansas · Aug 16, 2024

Buckley’s wife,49 Officer Fallis is entitled to qualified immunity. … In personal-capacity § 1983 cases like this one, a defendant gets qualified immunity when the constitutional duty he is purported to have transgressed was not clearly established at the time of his conduct.50 The point

Alexander v. Dallas County Detention Center

District Court, E.D. Arkansas · Jan 21, 2021

Individual Capacity Claims “Qualified immunity shields public officials from liability for civil damages if their conduct did not violate clearly established statutory or constitutional … Even so, as the Court of Appeals noted in a recent decision, there is, “no controlling authority” or “robust consensus of persuasive authority” clearly establishing an inmate’s right to be housed in a facility free from

Gordon v. United States

126 F. Supp. 847 · District Court, E.D. Arkansas · Dec 21, 1954

Force Base because he failed to qualify for the position during the trial period. … The person invoking the jurisdiction of a Court has the burden of establishing the Court’s jurisdiction. Surowitz v. U. S., D.C.N.Y.1948, 80 F.Supp. 716, 718 .

Dowden v. Cross County Bank (In Re Brittenum & Associates, Inc.)

83 B.R. 574 · District Court, E.D. Arkansas · Feb 26, 1988

As additional collateral, the Bank claims it has a right to set-off against a savings account established at the Bank in the name of Jon R. Brittenum and Associates, Inc. … Clearly, the letters express agreements and recite mutual exchanges of obligations sufficient to meet the essentials of a contract.

Hearst v. PROGRESSIVE FOAM TECHNOLOGIES, INC.

682 F. Supp. 2d 955 · District Court, E.D. Arkansas · Jan 12, 2010

period” 33 for qualifying medical reasons. … HGI-Lakeside, Inc., 589 F.Supp.2d 1119 , FN 13 (S.D.Iowa 2008) (suggesting that this theory of interference has not been clearly adopted in this circuit). 90 . Wysong v.

Moore v. Payne

District Court, E.D. Arkansas · Oct 8, 2024

To determine whether a defendant is entitled to qualified immunity, the Court must consider two questions: (1) do the facts alleged by plaintiff establish a violation of a constitutional or statutory right; and (2) if … so, was that right clearly established at the time of the defendant’s alleged misconduct.

Equal Emp't Opportunity Comm'n v. Crain Auto. Holdings LLC

372 F. Supp. 3d 751 · District Court, E.D. Arkansas · Apr 11, 2019

If the plaintiff meets her burden of establishing a prima facie case, the burden of production shifts to the defendant to provide a legitimate, nondiscriminatory reason for the adverse employment action. Id. … City of Rochester , 643 F.3d 1031 , 1044 (8th Cir. 2011) (en banc) (explaining that evidence that clearly points to the presence of an illegal motive would qualify as direct evidence).

Rodgers v. Allen

District Court, E.D. Arkansas · Mar 13, 2023

immunity protects government officials from liability for damages “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person [in their positions] would … , was that right clearly established at the time of the defendant’s alleged misconduct.

Green Party of Arkansas v. Daniels

445 F. Supp. 2d 1056 · District Court, E.D. Arkansas · Aug 23, 2006

Defendant’s Response at p. 10. 7.In Citizens To Establish a Reform Party in Arkansas v. … that a sufficient demonstration of a modicum of support is established in both instances by a 3% signature requirement.

Scott v. Gibson

District Court, E.D. Arkansas · Aug 18, 2020

Second, the Court declines the recommendation’s last paragraph, which deals with qualified immunity on Scott’s retaliation claim. Doc. 58 at 15 & n.8. … Prisoners have a clearly established right to be free from retaliation for using the grievance process. Santiago v. Blair, 707 F.3d 984, 991 (8th Cir. 2013).

Ashley v. Benton, City of

District Court, E.D. Arkansas · Sep 12, 2022

Qualified Immunity “The doctrine of qualified immunity protects government officials ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory … Qualified Immunity The defendants maintain that the Benton Police Chief and any defendant not granted legislative immunity should be granted qualified immunity in any claim against them

Brown v. United States

342 F. Supp. 987 · District Court, E.D. Arkansas · May 10, 1972

affirmatively established by section 4042, 18 U.S.C.A. 374 U.S. at 164-165 , 83 S.Ct. 1850 . … Perhaps they had that knowledge, but the record does not establish its existence.

Harpole v. Entergy Arkansas, Inc.

197 F. Supp. 2d 1152 · District Court, E.D. Arkansas · Mar 26, 2002

The Plan language quoted above clearly gives the Benefits Committee discretionary authority to determine if the appropriate party has been paid the Plan benefits. … Plaintiffs clearly had no vested rights at the time he submitted the beneficiary change form.

Allen v. Tobacco Superstore, Inc.

375 F. Supp. 2d 796 · District Court, E.D. Arkansas · Jun 16, 2005

She was clearly less qualified than Allen. Her application does not even indicate whether she graduated high school. She had worked six months as a bookkeeper/sales person at a hardware store. … More incredible is the failure of TSI to promote clearly highly qualified black individuals, such as Darrough and Allen, who were loyal and trustworthy employees while searching out less qualified white individuals, some