Case law

Hayes v. Griffin

District Court, E.D. Arkansas · Sep 3, 2021

and qualified immunity, each of which would very likely doom Mr. Lamar’s chances of recovering his stimulus money. But there is a small ray of hope for Mr. … Even if qualified immunity, Eleventh Amendment immunity, and state sovereign immunity all barred Mr.

Hopkins v. City of Jonesboro

578 F. Supp. 137 · District Court, E.D. Arkansas · Dec 16, 1983

The plaintiff relies on a disparate treatment theory to establish a case of discriminatory discharge. … She, however, did not qualify in firearms while at the academy, (see defendant’s exhibit 2).

Woods

District Court, E.D. Arkansas · Nov 13, 2025

Individual Capacity – Qualified Immunity Defendant Burleson asserts qualified immunity, which protects government officials from personal 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 have known.”

Kennedy v. Tubbs

District Court, E.D. Arkansas · Dec 20, 2022

According to Plaintiff, Elkins refuses to authorize Plaintiff to go to UAMS while Elkins is “not qualified to monitor or treat hep B.” (Id.). … Additionally, Plaintiff has not established imminent danger. Because Plaintiff is a three-striker, he must establish imminent danger to be able to proceed in forma pauperis.

Whitfield v. DEMOCRATIC PARTY OF STATE OF ARK.

686 F. Supp. 1365 · District Court, E.D. Arkansas · May 20, 1988

This is clearly not what Senator Bloom meant. … The events leading up to passage of the bill clearly support an inference of legitimate motive.

Harrison v. Faughn

District Court, E.D. Arkansas · Jul 6, 2022

These individual-capacity claims are possibly impacted by the Eighth Circuit’s opinion and conclusion that Defendants Stacy and Sanders are entitled to qualified immunity. … Simultaneously with this Order, the Court enters a Final Scheduling Order setting this case for a jury trial on September 12, 2022 and establishing other pretrial deadlines.4 The Court directs the parties, in filing their

Irby v. Davis

311 F. Supp. 577 · District Court, E.D. Arkansas · Apr 9, 1970

The continuing chain of movement from manufacturer to ultimate consumer of the materials used by defendant clearly falls within the meaning of Section 203(s) of the Act. … ), if more than 50 per centum of such establishment’s annual dollar volume of sales of goods or services is made within the State in which the establishment is located, and such establishment is not in an enterprise described

Tanner v. Ziegenhorn

District Court, E.D. Arkansas · May 31, 2019

State actors are entitled to qualified immunity unless they violate clearly established law. Morgan v. Robinson, 920 F.3d 521, 523 (8th Cir. 2019) (en banc). … Tanner’s request for injunctive relief isn’t barred by sovereign immunity. Calzone v. Hawley, 866 F.3d 866, 869-70 (8th Cir. 2017). Tanner’s pleading against Colonel Bryant is thin.

Concord Boat Corp. v. Brunswick Corp.

21 F. Supp. 2d 923 · District Court, E.D. Arkansas · Aug 20, 1998

Hall attempting to establish the engine purchase information. … Third, the statute of limitations clearly does not act as a bar to Plaintiffs’ claims under Section 7 of the Clayton Act.

Griffen v. ARKANSAS JUDICIAL DISC. AND DISAB. COMM.

266 F. Supp. 2d 898 · District Court, E.D. Arkansas · May 29, 2003

The Judicial Discipline and Disability Commission was established "[u]nder the judicial power of the State" of Arkansas. See Ark. Const., Amend. 66(a). … This clearly serves an adjudicatory function.

St. Bernard's Hospital, Inc. v. Thompson

193 F. Supp. 2d 1097 · District Court, E.D. Arkansas · Mar 20, 2002

Specifically, the Reclassification Regulations require that to qualify, a hospital must establish the following criteria: (1) The hospital’s average hourly wage (“AHW”) must be at least 108% of the AHW of the area in which … Clearly, the Congressional intent is broad — to include any hospital designated as an RRC in 1991.

Burgess v. LARSON'S GROCERY OF OXFORD, INC.

502 F. Supp. 2d 816 · District Court, E.D. Arkansas · Jun 25, 2007

The Supreme Court has established guidelines to assist trial courts in determining whether this standard has been met: The inquiry performed is the threshold inquiry of determining whether there is a need for trial — whether … Furthermore, the record does not clearly demonstrate whether the accident arose out of the acts or omissions or performance or nonperformance of RTX or Larson’s. C.

Head v. Social Security Administration

District Court, E.D. Arkansas · Feb 16, 2022

The documents presented by the SSA qualify as public records and are properly considered by the Court in deciding the SSA’s motion to dismiss. See Faibisch v. … Mandamus relief under 28 U.S.C. § 1361 is available “against an officer of the United States only in extraordinary situations and when the plaintiff can establish (1) ‘a clear and indisputable right to the relief sought

Stockton v. Shelton

District Court, E.D. Arkansas · Sep 3, 2024

Stockton must also establish at the screening stage that he was harmed as a result. Judge Volpe concludes that Mr. Stockton’s complaint is deficient on establishing harm because, even assuming that Mr. … Reed, 65 F.4th 357, 366–67 (8th Cir. 2023) (affirming district court’s denial of summary judgment based on qualified immunity because of officers’ failure to administer medication to plaintiff); Zentmyer v.

Finney v. Mabry

534 F. Supp. 1026 · District Court, E.D. Arkansas · Feb 19, 1982

Mental health treatment is clearly a necessary medical service in certain cases. … The policy has been clearly stated and is still correct. Racial segregation cannot be allowed to continue.

Gibson v. Mohawk Rubber Co.

521 F. Supp. 1285 · District Court, E.D. Arkansas · Sep 2, 1981

In order to make the Plaintiff whole, Defendant shall contribute additional monies to its pension plan on behalf of Plaintiff until February, 1979, when Plaintiff reached age 55, and qualified for early retirement and when … U.S., 332 U.S. 371 , 68 S.Ct. 5 , 92 L.Ed. 3 (1947) is misapplied in that it involves penalties incurred under the Agricultural Adjustment Act of 1938 in which the Court clearly stated the penalties do not bar interest in

Carey

District Court, E.D. Arkansas · Dec 29, 2025

Carey demonstrates that he qualifies to proceed IFP, so the motion (Doc. 4) is GRANTED. Based on Mr. Carey’s prison trust account information, I will assess an initial partial payment of $4.50. Mr. … Carey’s custodian should clearly identify the monthly payments by the name and number of this case.1 II. Complaint Deficiencies A.

Ussery v. Anderson-Tully Co.

122 F. Supp. 115 · District Court, E.D. Arkansas · Jun 9, 1954

This being true, the considered opinions of honest and duly qualified experts 6 are entitled to *121 great weight in cases of this kind. … Lear is a highly trained and well qualified forester.

Webb v. American International Group, Inc.

277 F. Supp. 2d 1014 · District Court, E.D. Arkansas · Aug 19, 2003

Because this matter can be adjudicated by one class member without impheating the rights of everyone involved in the suit, it does not qualify as an exception to the Zahn non-aggregation rule. 24 The Eighth Circuit has considered … policy per year. 31 Since the aggregation of in- *1020 junctive relief is not permitted and the amount in controversy must be determined from the plaintiffs viewpoint, the value' of injunctive relief, to any class member, clearly

Blanks v. Waste Management of Arkansas, Inc.

31 F. Supp. 2d 673 · District Court, E.D. Arkansas · Apr 8, 1998

A plaintiff may establish a prima facie case of discrimination based upon discharge from employment by showing that (1) he belongs to a protected class, (2) he was qualified for the position, (3) he was discharged from the … Penning and Lawrence considered Blanks for the position, but did not interview him because they determined that Blanks was not qualified for the position.