Case law

Sera v. Zimmerman

District Court, E.D. Arkansas · Aug 4, 2025

In establishing a parole system, a state may, nevertheless, create a liberty interest that is protectible under the Fourteenth Amendment. Greenholtz, 442 U.S. at 12; see Board of Pardons v. … The statutes also clearly provide for discretion on the part of the Board in setting conditions for parole and in determining if or when a particular inmate will be paroled or transferred from the ADC to DCC supervision

Ketcher v. Sheet Metal Workers' International Ass'n

115 F. Supp. 802 · District Court, E.D. Arkansas · Oct 14, 1953

The second overt act is that the defendant unions and the members thereof, and Eilmes, have failed and refused to furnish qualified workers to the plaintiffs as required by the agreement. … If the class suit is to be considered abolished in this field, it can be only because of the clearly expressed mandate of Congress. I do not find such an intention in the language of 29 U.S.C.A. § 185 (b).

Graves v. BOARD OF ED. OF NO. LITTLE ROCK, ARK., SCH. DIST.

299 F. Supp. 843 · District Court, E.D. Arkansas · Apr 29, 1969

In recent years in both cities a migration of the white population, particularly the more affluent, has been clearly discernible. … In addition the Board must be prepared to employ qualified Negroes at the higher administrative levels of the district.

Stevenson v. Union Pacific Railroad

110 F. Supp. 2d 1086 · District Court, E.D. Arkansas · Aug 29, 2000

Under these regulations, each State receiving federal aid is required to establish a “highway safety improvement program” that, among other things, establishes priorities based on the ranking of the State’s crossings by the … In fact, they concede that they would be unable to establish proximate cause on such a claim.

Tompkins v. Little Rock & Ft. S. Ry.

15 F. 6 · District Court, E.D. Arkansas · Oct 15, 1882

Clearly, this word as used in the act has no reference to a tax in its strict legal signification. … The case is clearly within the reason of the rule which makes every indorser of commercial paper the guarantor of the genuineness of the instrument he indorses.

Reed v. Conway Arkansas, City of

District Court, E.D. Arkansas · Aug 24, 2022

immunity. … constitutional . . . right; and (2) the right was clearly established at the time of the deprivation.’”

Turtle Island Foods SPC v. Soman

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

The party invoking federal jurisdiction bears the burden of establishing standing. … The Court concludes that Tofurky has failed to establish that it will be successful in establishing that Arkansas Code Annotated § 2-1-305(6), (8), (9), and (10) concerns speech that is not misleading in all cases.

Graham

District Court, E.D. Arkansas · Jun 8, 2026

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. … See also 42 U.S.C. § 1983 (establishing liability “to the party injured). To the extent a plaintiff alleges that a defendant’s actions harmed others, the plaintiff generally lacks standing to bring that claim.

Larry v. Yamauchi

753 F. Supp. 784 · District Court, E.D. Arkansas · Dec 21, 1990

The district court concluded that the Housing Act was designed to provide housing assistance and not energy assistance, and, therefore, a UR did not qualify under the section 2014(d)(ll)(A) exclusion. … These payments or allowances must be clearly identified as energy assistance by the legislative body authorizing the program or providing the funds.

Shaw v. Gwatney

604 F. Supp. 880 · District Court, E.D. Arkansas · Jan 16, 1985

At the institution of this action, this Court clearly had jurisdiction. Indeed, at that time, no back pay was sought, so that the Court had exclusive jurisdiction. Id. … The appellate court affirmed the trial court’s decision that this waiver was insufficient to establish jurisdiction.

Stephens v. United States Environmental Services LLC

District Court, E.D. Arkansas · Jul 29, 2022

To establish a prima facie case of disparate treatment, Stephens must show that he: (1) is disabled; (2) is qualified to perform the job with or without reasonable accommodation; and (3) suffered an adverse employment action … , (2) that he is a qualified individual under the ADA, or (3) that he suffered an adverse employment action because he quit his job.

Potter

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

complaint or a 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 … His pleading does not clearly indicate an intent to also bring a state law claim for negligence in this action.

Little Rock School District v. Pulaski County Special School District No. 1

470 F. Supp. 2d 963 · District Court, E.D. Arkansas · Jun 30, 2004

LRSD did not find a qualified replacement for Dr. … Furthermore, at least one of the listed programs, English as a Second Language (“ELS”), clearly is not a § 2.7 program.

Faysound Ltd. v. Walter Fuller Aircraft Sales, Inc.

748 F. Supp. 1365 · District Court, E.D. Arkansas · Oct 29, 1990

This case comes clearly within the exception noted, supra. … To establish that sale of the plane was an act of state, Fuller relies on three executive orders of President Aquino which are summarized as follows.

Mosby v. Brinsfield

District Court, E.D. Arkansas · Dec 10, 2024

All payments forwarded on Plaintiff’s behalf must be clearly identified by the name and number assigned to this action. II. … King, 130 F.3d 1309, 1314 (8th Cir. 1997) (the “general responsibility for supervising the operations of a prison is insufficient to establish the personal involvement required to support [' 1983] liability”).

Federal Deposit Insurance v. Deloitte & Touche

834 F. Supp. 1129 · District Court, E.D. Arkansas · Oct 1, 1992

This is clearly not an argument about controlling authority. … Arkansas law establishes a similar pleading requirement. In Williams v.

Myers v. Scruggs

District Court, E.D. Arkansas · Apr 9, 2025

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). III. … These allegations do not establish an “atypical and significant hardship.” Orr v.

Paxton v. Union National Bank

519 F. Supp. 136 · District Court, E.D. Arkansas · May 26, 1981

Clearly the plaintiffs and intervenors have failed to sustain this ultimate burden of proof or persuasion. … Such has not been established. Paxton, the main plaintiff, resigned against a background of poor work performance and flagrant violation of bank rules.

Sparks v. Cross County Jail

District Court, E.D. Arkansas · Apr 2, 2024

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. … To establish municipal liability, a plaintiff must prove that an official municipal policy, deliberately indifferent failure to train or supervise, or unofficial custom caused the constitutional injury.

Scott v. Union Pacific Railroad Company

District Court, E.D. Arkansas · Mar 31, 2022

“Although employment discrimination cases are ‘often fact intensive and dependent on nuance in the workplace, they are not immune from summary judgment.’” Trierweiler v. … To establish a prima facie retaliation claim, Mr.