Case law

Hervey v. City of Little Rock

101 F.R.D. 45 · District Court, E.D. Arkansas · Feb 10, 1984

PRELIMINARY OBSERVATIONS Clearly, I must now decertify the discharge subclass stipulated in this case. … However, she did not establish that she was qualified for the position.

Porter v. Department of Veterans Affairs

District Court, E.D. Arkansas · Jul 12, 2024

To establish a prima facie case, Porter must show that he (1) is disabled; (2) is a qualified individual; and (3) has suffered an adverse employment decision because of the disability. Id. … City of Rochester, 643 F.3d 1031, 1049 (8th Cir. 2011) (plaintiff 14 must be “clearly” or “significantly” better qualified than candidate selected to support

Robertson v. Payne

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

Robertson did object to Judge Ervin’s finding that his due process and retaliation claims do not survive qualified immunity because he failed to state an underlying constitutional violation (Dkt. No. 173, at 5–11). … However, as stated in the Recommended Disposition: To establish a causal connection between his protected speech and the adverse action, Mr.

McCullar

District Court, E.D. Arkansas · Jul 7, 2026

complaint or portion thereof if the prisoner has raised claims that: (a) are legally frivolous or malicious; (b) fail to state a claim upon which relief may be granted; or (c) seek monetary relief from a defendant who is immune … 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.

Ozark Society v. Melcher

248 F. Supp. 2d 810 · District Court, E.D. Arkansas · Mar 4, 2003

I found that Plaintiffs had procedural standing: I find that Ozark Society has clearly shown sufficient injury to meet the procedural harm test. … Id. 17 .Defendants also argue that there is no waiver of sovereign immunity allowing judicial review of this case under the Administrative Procedure Act, 5 U.S.C. § 704 , because there is no longer a "final agency action

Lockhart

District Court, E.D. Arkansas · Mar 12, 2026

established in McDonnell Douglas Corp. v. … To establish a prima facie case of race discrimination in a failure-to-promote claim, a plaintiff must show that: “(1) he is a member of a protected group; (2) he was qualified and applied for a promotion to an available

Savage v. Union Pacific Railroad

67 F. Supp. 2d 1021 · District Court, E.D. Arkansas · Aug 24, 1999

Boyd is a well-qualified, highly credentialed expert in the medical fields of dermatology and derma-topathology. … William McKiever, to establish that his basal cell carcinoma was caused by exposure to “petroleum products.” However, a review of Dr. McKiever’s deposition clearly establishes that Dr.

Brinegar v. San Ore Construction Company

302 F. Supp. 630 · District Court, E.D. Arkansas · Jun 25, 1969

There was clearly a violation of an applicable Coast Guard regulation. . … It cannot be said that a qualified pilot would not have taken one of these alternatives.

United States v. Brittman

687 F. Supp. 1329 · District Court, E.D. Arkansas · May 27, 1988

Admittedly, some of the “practices” contemplated by the Act may qualify as the type of procedural rules which judges may enact. Nevertheless, the Commission’s mandate extends well beyond procedures. See Miller v. … If Congress intended such a result, it should have clearly articulated that fact.

Moore v. Bruce

District Court, E.D. Arkansas · Nov 17, 2023

Moore demonstrates that he qualifies to proceed IFP. Therefore, his motion to proceed IFP (Doc. 5) is GRANTED. Based on Mr. … Moore’s custodian should clearly identify the monthly payments by the name and number of this case.2 2.

Madden v. Cisneros

830 F. Supp. 1251 · District Court, E.D. Arkansas · Aug 27, 1993

he was “otherwise qualified” for the position at issue. … The Court finds that the plaintiff easily established his prima facie case.

Franz v. Lockhart

700 F. Supp. 1005 · District Court, E.D. Arkansas · Sep 23, 1988

Petitioners’ attempts to plead some direct interest in this matter sufficient to confer standing upon them are clearly inadequate. … The Arkansas Supreme Court implicitly acknowledged as much when it addressed the issues raised before it by Petitioners even after it had found Petitioners did not qualify as next friends.

Banks v. Does

District Court, E.D. Arkansas · Jan 27, 2021

The Court also must 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). … Damages claims against state officials under 42 U.S.C. § 1983 are barred by Eleventh Amendment immunity. Here, Mr. Banks seeks only monetary damages against defendants.

Ashley County Medical Center v. Thompson

205 F. Supp. 2d 1026 · District Court, E.D. Arkansas · May 13, 2002

Clearly the Defendant could have done a better job in responding to the Comments, but that is not the test. … Thus, all of the requirements of the RFA were clearly satisfied here. The Court agrees.

East v. Pryor

89 F.R.D. 75 · District Court, E.D. Arkansas · Jan 20, 1981

Clearly they have no standing to intervene as a matter of right under section (a). They could only qualify as permissive intervenors under subsection (b). … When it is contended that a claimant is subject to a disqualification *81 because he or she was discharged for “misconduct,” it is clearly the duty, burden, and obligation of the employer to establish that the claimant committed

Stanley v. Barnhart

475 F. Supp. 2d 813 · District Court, E.D. Arkansas · Feb 14, 2007

Next, Plaintiff contends that 20 C.F.R. §§ 404.1745 and 404.1770(a)(2) do not afford sufficient due process notice to representatives because they fail to specify what conduct is proscribed and because they do not establish … “First, the prohibitions of a statute must be defined clearly enough that a person of ordinary intelligence has a reasonable opportunity to know what is prohibited.

Trotter v. Stephens

241 F. Supp. 33 · District Court, E.D. Arkansas · Apr 30, 1965

The Arrest and Search The commission of the crime by two young Negro men on a white woman was conclusively established by the evidence. … The record clearly establishes that, as to Trotter, the Sheriff merely questioned him as to the stains on the shorts he he was wearing and then noticed the bloodstained trousers and shirt near his bed and confronted him with

Chatmon

District Court, E.D. Arkansas · Apr 21, 2026

Plaintiff cannot establish imminent danger through his allegations in this case. … Plaintiff’s allegations against Defendant Rogers are disturbing but are not enough to establish that Plaintiff is in imminent danger of serious physical harm.

Johnson v. Hubbard

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

And even if there was a violation, the Court is not aware of clearly established law that would have put Defendants on notice that their actions were unlawful. … As such, Defendants are entitled to qualified immunity. B.

Morris v. Williams

59 F. Supp. 508 · District Court, E.D. Arkansas · Jan 5, 1944

As in all cases of a civil nature the burden is upon the plaintiff to establish her case by a fair preponderance of the evidence. … Keefe et al., 50 F.Supp. 647, 651 , the learned District Judge said: “College degrees conferred upon one and years of teaching experience do not of themselves qualify one for the profession of teaching or of supervising of