Case law

Cagle v. Jermerison

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

To establish municipal liability, Mr. … Cagle cannot establish municipal liability. See Sanders v.

Flowers v. Area Agency on Aging of Southeast Arkansas, Inc.

574 F. Supp. 71 · District Court, E.D. Arkansas · Oct 24, 1983

Since the agency had no staff attorney and since an affirmative action program had been adopted, plaintiff’s selection appeared to be an excellent choice, if the applicant was qualified. Ms. … The defendants failed to afford plaintiff the procedural due process of established disciplinary procedures.

Missouri Pacific Railroad v. 55 Acres of Land Located in Crittenden

947 F. Supp. 1301 · District Court, E.D. Arkansas · Nov 4, 1996

The railroad established a side track and usual stopping place there, but erected no building for the protection and convenience of passengers and shippers. … Clearly then, the failure to join the tenant farmer is not a basis for dismissal.

Pharmaceutical Care Management Association v. Arkansas State Board of Pharmacy

District Court, E.D. Arkansas · Jul 28, 2025

Furthermore, the burden Act 624 imposes on interstate “commerce is clearly excessive in relation to the putative local benefits.” Pike v. … Plaintiffs are unlikely to prevail on their Privileges and Immunities Clause argument because “the Privileges and Immunities Clause has [never been interpreted] to protect corporations.” Tenn.

Sims v. United States Department of Agriculture, Food & Nutrition Service

677 F. Supp. 1392 · District Court, E.D. Arkansas · Jan 5, 1988

This retail establishment, under the operation of Sims’ predecessor, had a high rate of food stamp redemption. … In the absence of a major ineligible item, or in the absence of comment(s) or action(s) by a clerk which clearly indicates that the clerk knew that some items were ineligible, and to be considered clearly viola-tive, a transaction

Easley v. Arkansas Department of Human Services

645 F. Supp. 1535 · District Court, E.D. Arkansas · Oct 21, 1986

Low-income individuals who qualify for Supplemental Security Income or Aid to Families with Dependent Children automatically qualify for Medicaid benefits. … Based upon the foregoing, the Court finds that the plaintiffs have clearly established that their property rights to Medicaid benefits have been deprived by the Department’s failure to establish the constitutionally and statutorily

Burdess v. United States

553 F. Supp. 646 · District Court, E.D. Arkansas · Dec 3, 1982

Section 2109a, which was enacted contemporaneously with section 1346(f), waives sovereign immunity in all suits to “adjudicate a disputed title to real property.” … To establish an easement by necessity, the plaintiff does not have to prove that he once had a route of access established over the land on which he wishes to impose the easement, but he must prove that: (1) he once owned

CVS Pharmacy Inc v. Arkansas State Board of Pharmacy

District Court, E.D. Arkansas · Jul 28, 2025

Furthermore, the burden Act 624 imposes on interstate “commerce is clearly excessive in relation to the putative local benefits.” Pike v. … Plaintiffs are unlikely to prevail on their Privileges and Immunities Clause argument because “the Privileges and Immunities Clause has [never been interpreted] to protect corporations.” Tenn.

Brandon v. Memphis Publishing Co.

194 F. Supp. 376 · District Court, E.D. Arkansas · May 26, 1961

The cases passing on jurisdiction over non-resident corporations not qualifying to do business within Arkansas have been frequently analyzed and discussed. … Without further elaboration of the general Arkansas law in this respect, I hold that jurisdiction in this instance is clearly established by applicable Arkansas authority.

Boling v. Harcros Chemicals Inc

District Court, E.D. Arkansas · Jul 19, 2021

Accordingly, Marshall is entitled to immunity on Boling’s negligence claim. … Conduct only qualifies as conscience-shocking if it is motivated by an intent to harm, or in some cases, if it demonstrates deliberate indifference. Hart v.

Neal v. Wilson

920 F. Supp. 976 · District Court, E.D. Arkansas · Mar 18, 1996

However, courts have held that certain of the statutes relied upon by Wilson qualify as laws providing for “equal civil rights.” … Additionally, § 1981 qualifies under the statutory definition. Greenwood v. Peacock, 384 U.S. 808, 825 , 86 S.Ct. 1800 , 16 L.Ed.2d 944 (1966).

Gilbreath v. EAST ARK. PLANNING & DEVEL. DIST.

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.

Cooper v. Ross

472 F. Supp. 802 · District Court, E.D. Arkansas · Jun 25, 1979

I feel confident that a more qualified person can be readily employed as an assistant professor. 14. … On the other hand, “state colleges and universities are not enclaves immune from the sweep of the First Amendment.

Langford v. Wilkins

101 F. Supp. 3d 809 · District Court, E.D. Arkansas · Apr 21, 2015

To establish a prima facie case of discrimination, a plaintiff must show that (1) that he is a member of a protected class, (2) that he was qualified for the relevant position, (3) that there was an adverse employment action … Owens] had to apply to the Board of Education for a waiver, which can only occur on the applicant’s promise that she complete course work to qualify for the certificate, as she is not listed as qualified for the K-6 principal

Simpson v. Weeks

530 F. Supp. 196 · District Court, E.D. Arkansas · Feb 28, 1977

It is the opinion of this Court that the evidence adduced at trial clearly and convincingly sustains plaintiff’s key factual contentions. … The evidence clearly established that throughout the trial phase of the Phillips case Sgt. Loyd W.

United States v. Carson

282 F. Supp. 261 · District Court, E.D. Arkansas · Mar 13, 1968

The test might be stated in these words: A sincere and meaningful belief which occupies in the life of its possessor a place parallel to that filled by the God of those admittedly qualifying for the exemption comes within … “In Class 1-A shall be placed every registrant who has failed to establish to the satisfaction of the local board, subject to appeal hereinafter provided, that he is eligible for classification in another class. “§ 1622.11

Hunter v. Midfirst Bank

District Court, E.D. Arkansas · Dec 20, 2021

Hunter did not qualify for loan modification or forbearance; (6) failed to notify Ms. … First, MidFirst removed the case and thus bears the burden of establishing that Ms.

Helton v. United States

309 F. Supp. 479 · District Court, E.D. Arkansas · Apr 2, 1969

United States, D.C.Cal., 84 F.Supp. 820 , wherein it was said: “In waiving its sovereign immunity and consenting to be sued, the United States fixed and bounded the area of its liability. … “Since the officers and employees of the United States here clearly and admittedly acted beyond the scope of their authority, there can be no liability under the Federal Tort Claims Act. * * * ” 84 F.

Martin v. United States

448 F. Supp. 855 · District Court, E.D. Arkansas · Nov 29, 1977

Martin was also a highly qualified pilot, holding multi-engine and instrument ratings. … Further, even had negligence on the part of the person in control of the aircraft been established, the defendant failed to establish by a preponderance of the evidence which of the virtually equally qualified pilots occupying

Cherokee Nation Businesses LLC v. Arkansas, State of

District Court, E.D. Arkansas · Aug 28, 2025

That leaves sovereign immunity. The Cherokee argue that Arkansas is not entitled to sovereign immunity because they cannot bring a takings claim in state court. … All these points hold whether the State is entitled to sovereign immunity or not.