Case law

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.

Greer v. University of Arkansas Board of Trustees

544 F. Supp. 1085 · District Court, E.D. Arkansas · Aug 3, 1982

Clearly, both established a prima facie case of sex discrimination. Texas Department of Community Affairs v. Burdine, 450 U.S. 248 , 101 S.Ct. 1089 , 67 L.Ed.2d 207 (1981); McDonnell Douglas Corp. v. … Johnson was better qualified than either of the other applicants. Dr. Cornelius was the least qualified of the three. Nevertheless he was the only one considered as successor to Dr.

McCarther v. Camelot Inn of Little Rock

513 F. Supp. 355 · District Court, E.D. Arkansas · May 5, 1981

Just recently the Court of Appeals for the Eighth Circuit stated: In order to establish a prima facie case in a discharge action, [the plaintiff] must show that (1) he belongs to a racial minority; (2) that he was qualified … In each of these cases, the claimant by his own testimony, or other evidence, establishes a prima facie case.

Taylor v. Townsend

District Court, E.D. Arkansas · Jul 9, 2024

Taylor’s Complaint to determine whether the cause of action is frivolous or malicious, fails to state a claim, or seeks monetary relief from a party immune to such relief.3 A pro se litigant’s complaint must be construed … Stewart, 691 F.2d 856, 857 (8th Cir. 1982) (per curiam) (complaint can be filed if plaintiff qualifies by economic status under 28 U.S.C. § 1915(a)). 3 28 U.S.C. § 1915(e)(2); Martin-Trigona, 691 F.2d at 857.

Warren v. Goza

District Court, E.D. Arkansas · Oct 3, 2022

If it existed, Chief Goza is entitled to qualified immunity for the arrests. Brown v. City of St. Louis, 40 F.4th 895, 901 (8th Cir. 2022). … Chief Goza is entitled to qualified immunity, and therefore summary judgment, on Warren’s federal and state claims of excessive force.

Pulaski County Special School District v. Bergland

495 F. Supp. 820 · District Court, E.D. Arkansas · Aug 22, 1980

“(a) State agencies and School Food Authorities shall establish such rules or regulations as are necessary to control the sale of foods in competition with a school’s nonprofit food service under the program. … The meals planned for the fast food area as well as the hot food area will be composed of the basic food requirements in such a manner that if a student picks soda over milk he or she will still have a qualified type A meal

Meeks v. Harrah's Tunica Corp. (In Re Armstrong)

260 B.R. 454 · District Court, E.D. Arkansas · Mar 30, 2001

The bankruptcy court found that the trustee had met its burden, but Harrah’s argues that the trustee did not meet is burden of establishing element § 547(b)(2) by showing that the transfer was “for or on account of an antecedent … “ordinary course of business or financial affairs of the debtor” inasmuch as debtor was an attorney and not a professional gambler and simply gambled for recreation and, therefore, gambling by a nonprofessional does not qualify

Environmental Defense Fund, Inc. v. Corps of Engineers of the United States Army

325 F. Supp. 749 · District Court, E.D. Arkansas · Feb 19, 1971

required in order to comply with NEPA. j But the opinions of such qualified pro-'ll fessionals as Dr. Hubbs and Dr. Emlen \ should be made a part of the impact llstatement. … But, again, the NEPA attempts to establish a procedure which will insure that that decisionmaker is aware of all known alternatives and possible consequences at the time the decision is made.

Mccall Law Firm, PLLC v. Crystal Queen, Inc.

335 F. Supp. 3d 1124 · District Court, E.D. Arkansas · Sep 20, 2018

In some cases, a statutory violation by itself may not qualify as a "concrete" injury. … Congress clearly intended to grant citizens a substantive , not procedural, right to be free from such advertisements.

Warren v. Goza

District Court, E.D. Arkansas · Sep 30, 2022

If it existed, Chief Goza is entitled to qualified immunity for the arrests. Brown v. City of St. Louis, 40 F.4th 895, 901 (8th Cir. 2022). … Chief Goza is entitled to qualified immunity, and therefore summary judgment, on Warren’s federal and state claims of excessive force.

Reed v. Wynne, City of

District Court, E.D. Arkansas · Sep 22, 2025

Ct. 1000 (2024) (finding that there is no clearly established “right to observe police officers” for qualified immunity purposes). … To establish a prima facie case of discrimination under Title II, a plaintiff must allege: (1) he is a person with a disability as defined by statute; (2) he is otherwise qualified for the benefit in question; and (3)

Ragsdale v. Paschal

118 F. Supp. 280 · District Court, E.D. Arkansas · Jan 5, 1954

In doing so the agent was clearly in error. … The evidence clearly establishes that neither of those qualifying conditions existed here and we do not believe respondent seriously contends otherwise.

Johnson v. Knight

536 F. Supp. 2d 1012 · District Court, E.D. Arkansas · Jan 16, 2008

The evidence is clear that Johnson was objectively better qualified than the persons selected by Knight to fill various administrative positions over the years. … He had a practice of placing people into positions without advertisement or application, and assigned Baggett and Hayden to serve as de facto assistant *1022 principals even though Johnson’s credentials were clearly superior

Davis v. Triumph Corporation

258 F. Supp. 418 · District Court, E.D. Arkansas · Sep 12, 1966

The record before the Court establishes that from January 1, 1951, to October 1965 plaintiff, Billy M. … In the Court’s estimation defendant’s contacts with and operations in Arkansas clearly met the minimum contact requirements of International Shoe at least as far as this case is concerned.

Hall v. Lowery

545 F. Supp. 1152 · District Court, E.D. Arkansas · Aug 25, 1982

part: (d)(1) No employer . . . shall discriminate .. . between employees on the basis of sex by paying wages to employees ... at a rate less than the rate at which he pays wages to employees of the opposite sex in such establishment … Lowery, who had begun reviewing all of the TR-1 forms personally, became incensed at these claims, which he considered clearly inflated, and marked both the forms void.

Watts v. Hutchinson

District Court, E.D. Arkansas · May 18, 2023

In any event, “[i]t is well-established that an amended complaint supercedes an original complaint and renders the original complaint without legal effect.” … In the alternative, they argue Watts’s claims are barred by sovereign immunity, qualified immunity, and judicial immunity. (Doc. 15).

Byrd v. Tapley

District Court, E.D. Arkansas · Jul 2, 2025

Defendants concede that Byrd has established a prima facie case: (1) she is a member of a protected group; (2) she applied for a promotion to a position for which she was qualified; (3) she was not promoted; and (4) a male … Finally, Tapley is not immune because Byrd is asserting that Tapley violated her clearly established right to equal opportunity in employment. Okruhlik v. Univ. of Ark. ex rel.

Bey v. Arkansas State Police

District Court, E.D. Arkansas · Jun 10, 2025

Bey’s Complaint to determine whether the cause of action is frivolous or malicious, fails to state a claim, or seeks monetary relief from a party immune to such relief.4 A pro se litigant’s complaint must be construed … Bey has failed to establish federal question jurisdiction, and the Court thus cannot accept supplemental jurisdiction over his state law claim.’ IT IS THEREFORE ORDERED that: 1. Mr.

Lauck v. E. C. K. Chivers & Associates

320 F. Supp. 463 · District Court, E.D. Arkansas · Dec 4, 1970

It has paid no taxes to the State of Arkansas, or been licensed or qualified to do business in the State of Arkansas. … The record clearly establishes that Lum’s, Inc., not only has stock in the subsidiary corporations, but generally owns, controls and directs the operation of the subsidiary corporations for its own outlets and franchises

Shaw v. Gwatney

584 F. Supp. 1357 · District Court, E.D. Arkansas · Mar 30, 1984

These issues are clearly not foreclosed under the “political question” prong of the justiciability analysis. B. … But such a simplistic approach is clearly unwarranted in this case. To be sure, Col.