Case law

Allen v. Nature Conservancy

District Court, E.D. Arkansas · Mar 15, 2024

There are two exceptions to this immunity, one of which is at play here. … In light of the Court’s ruling that TNC is immune from suit, Federal’s motion to dismiss is denied.

Grissom v. Waterloo Industries, Inc.

902 F. Supp. 867 · District Court, E.D. Arkansas · Sep 26, 1995

While Title VII provides a cause of action for any acts of sexual discrimination engaged in by an employee’s employer, see 42 U.S.C.A. § 2000e-2(a) (West 1994), it is equally clear that a defendant must qualify as an “employer … However, since Rego was, in fact, a case raising the issue of co-worker liability under Title VII, her interpretation clearly stretches the Rego holding beyond its limits. 6 .

Boivin v. Huckabee-Sanders

District Court, E.D. Arkansas · Feb 6, 2024

An inmate’s complaints regarding a “general fear for his safety” do not establish that a defendant “acted with deliberate indifference by not placing him in protective custody.” Robinson v. … Participation in the administrative grievance procedure alone is insufficient to establish liability under § 1983. See Rowe v. Norris, 198 F. App’x 579, 580 (8th Cir. 2006) (unpublished).

Ward v. Arkansas State Police

493 F. Supp. 1315 · District Court, E.D. Arkansas · Jul 29, 1980

Because of his poor job performance, neither establishment said they would rehire him. (Def. Exh. 2, p. 9.) … Defendants may administer a written examination on a pass-fail basis for the entry level position of trooper for the purpose of establishing a list of qualified applicants for such position, provided that the use of such

Aaron v. Davis

414 F. Supp. 453 · District Court, E.D. Arkansas · May 28, 1976

Plaintiffs have clearly established a prima facie case of discrimination under the Act. … Defendants’ sole defense rests upon their contention that the city’s mandatory retirement ordinance qualifies as a statutory exemption under the provisions of section 623(f)(1) of the Act.

Garey v. Langley

District Court, E.D. Arkansas · Sep 13, 2021

(f) Any claim for damages caused by the imposition or establishment of a quarantine by the United States. [(g) Repealed. Sept. 26, 1950, ch. 1049, § 13 (5), 64 Stat. 1043.] … Garey establish that Officer Nichols attempted to commit a battery.

Lamar v. Sanders

District Court, E.D. Arkansas · Jun 2, 2023

to pay money damages unless the state official violated a “clearly established” constitutional rule.37 Mr. … strict qualified- immunity precedents.

Perkins v. City of West Helena

514 F. Supp. 770 · District Court, E.D. Arkansas · Apr 10, 1981

Provided, further, that all such cities choosing to elect aldermen by ward shall provide, in the manner provided by law, for the establishment of wards of substantially equal population in order that each alderman, or aldermen … Additionally, although the public policy expressed in Ark.Stat.Ann. § 19-1005 and 19-1002.7 clearly favors wards of equal size, it is not clear that these statutes require wards of equal size when the city-wide election method

Mosier v. Gober

District Court, E.D. Arkansas · Jul 6, 2023

Plaintiff has not, however, met proof with proof to establish facts in dispute that would preclude summary judgment in Defendants’ favor. Wilson v. … Even if there was a violation under these circumstances, Defendants’ are entitled to qualified immunity because there is no clearly established law pursuant to which their actions could be deemed unlawful.

Wilson v. Arkansas Department of Human Services

District Court, E.D. Arkansas · Jul 11, 2024

For the reasons asserted on pages 7–8 of Defendant’s Brief, Defendant is immune from a § 1983 suit.4 For the reasons asserted on pages 6–7 of that same Brief, a declaratory judgment would not be legally appropriate in … But the Amended Complaint never alleges anything that could remotely qualify as a retaliation claim.

Britt v. Little Rock Police Department

721 F. Supp. 189 · District Court, E.D. Arkansas · Aug 29, 1989

[T]he plain language of Rule 56(e) mandates the entry of summary judgment, after adequate time for discovery and upon motion, against a party who fails to make a showing sufficient to establish the existence of an element … Because the Court holds that there was no Constitutional violation, it is not necessary to reach the question of whether the officer would have qualified immunity if he had violated any of the plaintiffs' Fourteenth Amendment

Willis v. Heitman

District Court, E.D. Arkansas · Dec 9, 2022

Section 1983 itself “creates no substantive rights; it merely provides remedies for deprivation of rights established elsewhere.” City of Oklahoma City v. Tuttle, 471 U.S. 808, 816 (1985) (citations omitted). … All payments forwarded on Plaintiff’s behalf must be clearly identified by the name and number assigned to this action. 3.

Dunahue v. Watson

District Court, E.D. Arkansas · Sep 12, 2019

Dunahue’s claims against defendants are barred by qualified immunity. See Pearson v. … Callahan, 555 U.S 223, 232 (2009) (holding that plaintiff must establish a violation of a constitutional or statutory right in order to overcome qualified immunity). As to Mr.

Smith v. Hurst

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

Smith’s custodian should clearly identify the monthly payments by the name and number of this case.1 3. … Established law holds that a supervisor may not be held vicariously liable under § 1983 for the constitutional violations of a subordinate.

Schneider v. O'Neal

145 F. Supp. 120 · District Court, E.D. Arkansas · Sep 28, 1956

Under the Act of 1949 providing for the examination of persons desiring to act as. insurance agents, only qualifying certificates are issued by the commissioner to those who pass the examination. … Thurman: I put that in, Your Honor, solely for the purpose of showing custom in the community, not to try to establish the law.”

Melton v. Forrest City Arkansas, City of

District Court, E.D. Arkansas · Sep 29, 2023

He labeled it as an Establishment Clause claim, but pleaded facts about his free exercise of his religion. In the briefing, Melton makes plain that this is a speech case. “While Mr. … Mayor Williams didn’t violate Melton’s clearly established constitutional rights. The Mayor is -9- therefore entitled to qualified immunity. Kuessner v.

Forrester v. Page

District Court, E.D. Arkansas · Sep 23, 2019

UNITED STATES MAGISTRATE JUDGE ‘Defendants have also raised the defense of qualified immunity. … City of Bella Villa, 557 F.3d 564, 574 (8th Cir. 2009) (“Since we find no constitutional violation, we need not address the issue of qualified immunity.”). 23

Hawkins v. Counseling Associates, Inc.

504 F. Supp. 2d 419 · District Court, E.D. Arkansas · Mar 26, 2007

In order to establish a prima facie case of discrimination under the ADA, Plaintiff is required to show that 1) she is disabled within the meaning of the ADA; 2) she is qualified to perform the essential functions of the … The Court assumes, without deciding, that Plaintiff has a qualifying disability 64 and that she is qualified to perform the essential functions of her job. *436 With regard to the third prong, “[a]n employee suffers an adverse

Moore v. Department of the Army

District Court, E.D. Arkansas · Jul 20, 2020

Sovereign Immunity As the Corps suggests, Plaintiff cannot bring an ACRA claim against it because the Army enjoys sovereign immunity. … As stated above, Plaintiff failed to establish that she suffered an adverse employment action, let alone a materially adverse employment action. Thus, she cannot establish a prima facie case of retaliation. Il.

Stockton v. Reed

District Court, E.D. Arkansas · Jun 27, 2024

Claims that are legally frivolous or malicious; that fail to state a claim for relief; or that seek money from a defendant who is immune from paying damages 4 See also Nichols v. … Hernandez, 504 U.S. 25, 32-33 (1992) (explaining that clearly baseless facts include those that are fanciful, fantastic, and delusional).