Case law

Winters v. Arkansas Department of Health & Human Services

437 F. Supp. 2d 851 · District Court, E.D. Arkansas · Jun 2, 2006

The answer, we hold, is a qualified yes. … The testimony in this case clearly established that Mr. Winters died of an undiagnosed perforated duodenal ulcer. As such, any action, or inaction, by separate defendant was not the proximate cause of death.

Powell v. Wehco Video Inc

District Court, E.D. Arkansas · May 13, 2020

First, there is a determination of whether the plaintiff qualifies by economic status under 27 U.S.C. § 1915(a). If she does, the complaint is permitted to be filed. Id. … A claim is frivolous if it “describ[es] fantastic or delusional scenarios,” the factual contentions are “clearly baseless,” or there is no rational basis in the law. Neitzke v. Williams, 490 U.S. 319, 327- 28 (1989).

Clear Sky Properties LLC v. Roussel (In re Roussel)

504 B.R. 510 · District Court, E.D. Arkansas · Dec 30, 2013

The Bankruptcy Court’s memorandum opinion does not clearly delineate findings regarding the application of collateral es-toppel and the merits of Appellants’ claims. … After careful review of the entire record, the Court finds that the Bankruptcy Court clearly erred in its assessment of whether Roussel willfully breached his fiduciary duty to Clear Sky.

Conway School District v. Wilhoit

854 F. Supp. 1430 · District Court, E.D. Arkansas · Jun 13, 1994

As discussed above, the express terms of (g)(1) clearly do not provide an exemption for Conway. … Originally, plaintiff was arguing that it qualified for an exemption to the statute, but made no criticism of the fundamental provisions of the statute.

Gilbreath v. East Arkansas Planning & Development District, Inc.

471 F. Supp. 912 · District Court, E.D. Arkansas · May 24, 1979

In any event, the evidence clearly establishes that the plaintiff failed to conform to the District’s operating policies and procedures and that the plaintiff failed to perform his assigned responsibilities in an acceptable … The overwhelming weight of the evidence clearly establishes that the plaintiff’s termination was predicated on a number of compelling job-related considerations.

Hoard v. Teletype Corp.

450 F. Supp. 1059 · District Court, E.D. Arkansas · May 8, 1978

While this treatment by Teletype was demeaning and may well have played a part in his generally unsatisfactory record immediately prior to his discharge, the evidence does not clearly establish that this was the case. … In this case, the plaintiffs sought to establish claims of disparate treatment.

Smith v. Forrest City Arkansas, City of

District Court, E.D. Arkansas · Oct 25, 2021

Third, the Court will deal with qualified immunity issue by issue -3- because that immunity rises or falls with the merits. Burton v. … Smith, 345 F.3d 581, 585 (8th Cir. 2003), and, even if they made a mistaken judgment, Lee and Williams are entitled to qualified immunity on the individual-capacity § 1983 claims.

West Helena Savings & Loan Ass'n v. Federal Home Loan Bank Board

417 F. Supp. 220 · District Court, E.D. Arkansas · Jun 28, 1976

Yet, state laws establishing state savings and loan associations were clearly sanctioned by Congress when it delineated the functions to be played by the Federal agencies. … The defendants’ own statements in their annual reports demonstrate that they unilaterally added the “need” requirement to the statutory scheme established by Congress. Clearly no authority for such an addition exists.

Eldridge v. Waugh

198 B.R. 545 · District Court, E.D. Arkansas · Oct 10, 1995

The Eighth Circuit’s intentional harm standard requires the Eldridges to establish intentional behavior targeted at them by Waugh. In re Grisham, 177 B.R. 306, 311 (Bankr. W.D.Mo.1995). … John Ed Welch, a certified public accountant with the firm that prepared the audit, testified that a qualified opinion was issued in conjunction with the 1987 audit report for RFTC because there were related party transactions

Scarver v. Swift

District Court, E.D. Arkansas · Aug 18, 2025

Under Rule 55(b)(1), the clerk can enter default judgment if a “plaintiff’s claim is for a sum certain or a sum that can be made certain by computation,” like an amount clearly due under a contract. … The Eighth Circuit Court of Appeals has recognized that prison officials are entitled to qualified immunity when an inmate is attacked by surprise. See Schoelch v.

Johnson v. Carter

District Court, E.D. Arkansas · Dec 4, 2023

The Court must also weigh all factual allegations in favor of the plaintiff, unless the facts alleged are clearly baseless. Denton v. Hernandez, 504 U.S. 25, 32 (1992). II. … As currently pled, Plaintiff’s allegations against Defendant Hindman to not establish retaliatory animus.

Fancher v. Nimmo

549 F. Supp. 1324 · District Court, E.D. Arkansas · Nov 2, 1982

Fancher from that department and to place her temporarily in some other job which she was qualified to perform for the duration of her pregnancy. … Clearly such hostility was insufficient grounds for permanently removing the plaintiff from the department.

McLean v. Arkansas Board of Education

529 F. Supp. 1255 · District Court, E.D. Arkansas · Jan 5, 1982

Yet it is clearly established in the case law, and perhaps also in common sense, that evolution is not a religion and that teaching evolution does not violate the Establishment Clause, Epperson v. … This statute is, of course, clearly unconstitutional under the Supreme Court’s decision in Abington School Dist. v. Schempp, 374 U.S. 203 , 83 S.Ct. 1560 , 10 L.Ed.2d 844 (1963). 16 .

Graves v. Board of Education

302 F. Supp. 136 · District Court, E.D. Arkansas · Jul 25, 1969

The situation just described clearly does not amount to any complete desegregation of staff and faculty, but it does mark very substantial progress, and in view of the short time between now and September, the Court will … to teach, and to replace another teacher if better qualified.

Lindsey v. Cryts (In Re Cox Cotton Co.)

24 B.R. 930 · District Court, E.D. Arkansas · Nov 17, 1982

Judge Baker adjourned the hearing until it could be determined if Wayne Cryts might be granted use immunity in exchange for his testimony. That immunity was granted by this Court on April 1,1982. … This statement clearly shows that Congress cannot freely confer the contempt power.

Buchanan

District Court, E.D. Arkansas · Jan 5, 2026

Cooper, III (“Attorney Cooper”), filed a Motion to Dismiss arguing that the ADC Defendants in that case are entitled to sovereign, qualified, and statutory immunity. Buchanan I, (Docs. 95, 96). … And it is well-established that a transfer to another detention facility may constitute an adverse action for retaliation purposes. See Sisneros v. Nix, 95 F.3d 749, 751–52 (8th Cir. 1996) (collecting cases).

Thomas v. Markham & Brown, Inc.

353 F. Supp. 498 · District Court, E.D. Arkansas · Jan 31, 1973

Hence, federal jurisdiction is established. … In a well written opinion the Court held that unless a contrary intention clearly appears a mineral conveyance or reservation should not be construed so as to include minerals which cannot be extracted or utilized without

Hamilton v. Rutledge

District Court, E.D. Arkansas · Jan 11, 2023

Hamilton’s lawsuit against Defendants only named them in their official capacities, which means the lawsuit is one against the State of Arkansas.24 The doctrine of sovereign immunity clearly applies. … Hamilton qualifies as a “prevailing party” in the case at bar. See Libertarian Party of Ark. v.

Reaves v. Marsh

658 F. Supp. 1268 · District Court, E.D. Arkansas · Apr 9, 1987

Reaves was designated as the “best qualified” on the applicant list. … Assuming, however, that Reaves has established a prima facie case, the Court finds that defendant has established a legitimate nondiscriminatory reason, not based on sex, for its conduct and Reaves has failed to demonstrate

Environmental Defense Fund, Inc. v. Corps of Engineers of the U. S. ARMY

325 F. Supp. 728 · District Court, E.D. Arkansas · Jan 21, 1971

Clarke, Chief of the Corps of Engineers of the United States Army, and that the suit is not barred by the doctrine of sovereign immunity. Larson v. … The District of Columbia Circuit Court clearly upheld the standing of such organizations to maintain the suit.