Case law

Arkansas United v. Thurston

District Court, W.D. Arkansas · Feb 5, 2021

State Defendants Are Not Immune From Suit The Court first turns to State Defendants’ assertion that state sovereign immunity bars Plaintiffs’ claims. … Here, in contrast, the VRA clearly permits both the Attorney General or “an aggrieved person” to initiate judicial proceedings to enforce the statute’s requirements.

Spiller v. THOMAS M. LOWE AND ASSOCIATES INC.

328 F. Supp. 54 · District Court, W.D. Arkansas · Jun 11, 1971

The evidence adduced clearly shows that Red River is and was navigable. Albert C. … She could only establish that Smith was the acknowledged father of Kimberly and that maybe he was going to marry her when he got out of school.

Evans v. Hollenbeck

District Court, W.D. Arkansas · Mar 26, 2019

the incident; and, (4) Defendant Doe/Engelman is entitled to qualified immunity. … As noted by Defendants, Plaintiff clearly stated he did not file a grievance because he “was released from jail.”

Parton v. City of Bentonville

901 F. Supp. 1440 · District Court, W.D. Arkansas · Jun 2, 1995

The Supreme Court has not definitively established the level of culpability that is required to make out a substantive due process claim based on a failure to protect [or enhancement of danger], but has held that something … The court does not understand why this “theory” was pled since it was clearly meritless (nothing was searched and nothing was seized).

Badger v. Loe

District Court, W.D. Arkansas · Aug 1, 2019

An equal protection claim may be established in two ways. … immunity.

Webster v. Rockline Industries, Inc.

District Court, W.D. Arkansas · Sep 4, 2025

Webster has established a prima facie case of disability discrimination. It is undisputed that Rockline was aware that Ms. … Webster’s medical note as “not even signed,” see Doc. 29, p. 6, but that is clearly false, see Doc. 27-3. There is also a genuine, material dispute as to whether Ms.

Titus v. World Book

District Court, W.D. Arkansas · May 8, 2024

Plaintiff’s second claim is equally unclear—he says that the “Neverland establishment” gave him a Givenchy jacket that “belonged to [his] children.” (ECF No. 6, p. 7). … As a threshold matter, it is unclear to the Court how the Second Amendment—which establishes the “right of the people to keep and bear Arms,” U.S.

Curry-Fishtorn v. Smith

District Court, W.D. Arkansas · Jan 5, 2022

Therefore, they are entitled to qualified immunity. Accordingly, the Court finds Defendants Norwood and Owens are entitled to summary judgment on these claims. 3. … immunity.

Smith v. United Industries Ultra Board

District Court, W.D. Arkansas · Jan 17, 2024

that: (1) are frivolous or malicious; (2) fail to state a claim upon which relief may be granted, or (3) seek 2 monetary relief from a defendant who is immune … Protection Agency. 3 The statute sets forth certain exceptions, not applicable here, to the notice requirement. 4 Clearly

Russell v. Adams

District Court, W.D. Arkansas · Nov 14, 2022

The burden of establishing the necessity of the injunction is on the moving party. See id. at 664 (citation omitted). … . § 1983 must show that an individual acting under color of law deprived the plaintiff of “any rights, privileges, or immunities secured by the Constitution and laws.”

Jackson v. Swift-Eckrich

830 F. Supp. 486 · District Court, W.D. Arkansas · Aug 11, 1993

Clearly defendants are correct in their assertion that any warranty claim based on poults delivered prior to August 20, 1988, is barred. … The provision in question clearly limits the buyer’s remedies to the purchase price of the poults.

Perez-Benites v. Candy Brand, LLC

267 F.R.D. 242 · District Court, W.D. Arkansas · Mar 23, 2010

Defendants’ argument seems to be that Plaintiffs’ contract claims seeking damages beyond those established under the FLSA are preempted by federal law. The Court disagrees. … the interests of the class: 1) whether the class representatives have common interests with the members of the class; and 2) whether the class representatives will vigorously prosecute the interests of the class through qualified

Bielema v. The Razorback Foundation, Inc.

District Court, W.D. Arkansas · Aug 20, 2020

The Foundation believes accepting this allegation requires the Court to conclude the Foundation is an arm of the State entitled to the protection of the Eleventh Amendment.1 “It is well-established that an amended complaint … Not only does Bielema’s amended complaint clearly meet the requirement that it “state a claim to relief that is plausible on its face,” Bell Atlantic Corp. v.

Donovan Construction Company of Minn. v. Woosley

358 F. Supp. 375 · District Court, W.D. Arkansas · May 11, 1973

It is clearly established by the evidence that the plaintiff did not rely upon the statements certified to by the defendants, but used its own judgment in determining to enter into the three contracts that it claims resulted … the plaintiff has failed to establish any liability on the part of the defendants.

Cavner v. University of Arkansas Fort Smith

District Court, W.D. Arkansas · Mar 2, 2022

” necessary to qualify as materially adverse. … Cavner, for her part, has not presented any evidence that any of these individuals were not well-qualified for these positions. Instead, she argues that she was more qualified than they were.

Brown v. Helder

District Court, W.D. Arkansas · Feb 14, 2019

To establish a claim under § 1983, Plaintiff must show that the Defendants: (1) acted under color of state law; and (2) caused the deprivation of a right established by the Constitution of laws of the United States. … Waco, 502 U.S. 9, 11 (1991) ("[J]udicial immunity is an immunity from suit, not just from ultimate assessment of damages.").

Logan v. Knight

District Court, W.D. Arkansas · Jun 15, 2022

Excessive Force Logan contends the Defendants used excessive force against him when he was required to lay down face down on the ground.1 “The right to be free from excessive force is a clearly … established right under the Fourth Amendment’s prohibition against unreasonable seizures of the person.”

LeClaire v. Dyer

District Court, W.D. Arkansas · Aug 25, 2022

must dismiss a complaint, or any portion of it, if it contains claims that: (1) are frivolous, malicious, or fail to state a claim upon which relief may be granted; or (2) seek monetary relief from a defendant who is immune … Second, it is clearly established that ongoing state criminal proceedings implicate the important state interest of enforcing state criminal laws. See, e.g., Meador v. Paulson, 385 F.

Entertainment Innovators, Inc. v. Scottsdale Insurance

839 F. Supp. 654 · District Court, W.D. Arkansas · Dec 13, 1993

It is argued that the interrogatories in the Jenkins case establish that “it was more probable than not that the jury’s award of damages was based upon bodily injury.” … Clearly, the battery and § 1985 causes of action rest on intentional conduct.

Gardner v. Bailey

District Court, W.D. Arkansas · Jul 29, 2024

ANALYSIS Publicly available Arkansas court records2 establish that Gardner has been charged with kidnapping, attempted rape, and aggravated assault. State v. … Arkansas clearly has an important interest in enforcing its criminal laws—particularly those involving crimes against persons.