Case law

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.

Parks v. Damante

District Court, W.D. Arkansas · Dec 13, 2024

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) seeks monetary relief from a defendant who is immune … established right.”).

Morrison v. Lingo

District Court, W.D. Arkansas · Jan 31, 2020

Defendant argues that Plaintiff’s official capacity claims fail as a matter of law and that he is entitled to qualified immunity because Plaintiff failed to show an underlying constitutional violation. … However, a single deviation from a written policy does not establish a custom but, rather, to establish the existence of such a custom, Plaintiff must demonstrate:

Davis v. Dorman

District Court, W.D. Arkansas · May 11, 2020

immunity; and 4) Plaintiff has not identified any custom or policy of Hempstead County or the DTF which caused a violation of Plaintiff’s constitutional rights to establish official capacity liability. … immunity.

Teague ex rel. T.T. v. Arkansas Board of Education

873 F. Supp. 2d 1055 · District Court, W.D. Arkansas · Jun 8, 2012

. § 6-18-206(f) against Plaintiffs and that Plaintiffs’ claims against the members of the ASBE were barred by the doctrine of sovereign immunity. … Plaintiffs argue that Subsection (f)(1) of this statute clearly violates the Equal Protection Clause of the 14th Amendment to the United States Constitution. (Doc. 70).

Kemp v. Wellpath, LLC

District Court, W.D. Arkansas · Oct 2, 2023

But this claim for relief clearly does not belong in this action. … a plausible cause of action or seeks monetary relief from a defendant who is immune from such relief.

Sheets v. Mackey

District Court, W.D. Arkansas · Jul 3, 2025

This clearly establishes that the illegal search of the private home was being conducted. … Therefore, it need not reach the issue of qualified immunity. statement of the claim that the pleader is entitled to relief” to defeat Defendants’ Motion for Summary Judgment.

Gordon v. Byers

District Court, W.D. Arkansas · Jul 19, 2023

He alleges Defendant Payne, working with Wellpath, has established a policy of disallowing dentures to inmates. (Id. at 6). … He clearly disagrees with this dental decision, but such disagreement does not rise to the level of a constitutional violation. See Nelson v.

Sierra Club v. Robertson

810 F. Supp. 1021 · District Court, W.D. Arkansas · Oct 22, 1992

. §§ 706 (2)(A) and 706(2)(C). 1 In reviewing agency actions under this statute, the court must hew to several well-established limitations. First, the agency’s actions are presumed to be lawful and correct. … In fact, the statutory language is so qualified that “it is difficult to discern any concrete legal standards on the face of the provision.” Charles F. Wilkinson and H.

Hernandez-Lizarraga v. Sebastian County Sheriffs/Bailiffs

District Court, W.D. Arkansas · Jun 12, 2023

As such, the Court considers whether Plaintiff has established a plausible claim under 42 U.S.C. § 1983. … The Court finds that such allegations—which are found throughout Plaintiff’s Amended Complaint—“describ[e] fantastic or delusional scenarios” and are therefore clearly baseless. Neitzke, 490 U.S. at 327-28.

United States v. Jepsen

131 F. Supp. 2d 1076 · District Court, W.D. Arkansas · May 17, 2000

Certain facts merely tend to establish a transfer of ownership. … Defendants contend the claim fails because this is insufficient as a matter of law to establish actual intent.

Unlaub Co., Inc. v. Sexton

427 F. Supp. 1360 · District Court, W.D. Arkansas · Mar 11, 1977

Such commerce comprehends all the component parts of commercial inter-. course between different states, and, according to established principle, any state statute which obstructs or lays a direct burden on the exercise of … The equities here are quite clearly with plaintiff.

Allen v. Perkins

District Court, W.D. Arkansas · Dec 21, 2023

immunity. … If a Defendant “lacked reasonable suspicion and thus conducted an unlawful Terry stop, she may nonetheless be entitled to qualified immunity if she had arguable reasonable suspicion—that is, if a reasonable officer in

Mining Corp. v. International Paper Co.

324 F. Supp. 705 · District Court, W.D. Arkansas · Mar 26, 1971

That the term mineral is qualified and limited by the words, coal, oil and gas that follow; and mercury ore in the locality of the lands was not known to exist in the year 1911 when the reservation was made.” … The refined mercury was transported by trucks over roads connecting the mines with established highways.

Securities & Exchange Commission v. Arkansas Loan & Thrift Corp.

297 F. Supp. 73 · District Court, W.D. Arkansas · Mar 13, 1969

The Receiver duly qualified and has at all times been diligent in the discharge of his duties. … The fidelity insuring *82 clause, construed by itself, clearly favors movants’ contention.

Wal-Mart Stores, Inc. Associates' Health & Welfare Plan v. Scott

27 F. Supp. 2d 1166 · District Court, W.D. Arkansas · Sep 1, 1998

The Plan clearly and unambiguously states that the right to reduction and reimbursement applies to payments of automobile insurance coverages or benefits. … There is nothing in the Plan that qualifies the right to reimbursement by the attorney’s fees or costs, if any, expended or incurred, in obtaining recovery of amounts subject to that right.

Church v. Fort Smith, Arkansas, The City of

District Court, W.D. Arkansas · Jun 3, 2021

For the issue of pretext to be triable, not only must the chosen candidate be less qualified than the plaintiff, but he or she must be clearly less qualified. … Church’s cited evidence cannot demonstrate to reasonable jurors that any of the candidates the City selected before her on the basis of their qualifications were clearly less qualified than Church, or that any of the candidates

Pierce v. United States

271 F. Supp. 165 · District Court, W.D. Arkansas · Jul 17, 1967

At pp. 103-104 the court stated: “Clearly, the facts in the instant case require a finding that the third condition set forth by the Supreme Court in the Flowers case has not been met. … In the second, the taxpayer would lose valuable income for which he is willing and qualified to work.

Floyd v. State of Arkansas, Department of Parks and Tourism

District Court, W.D. Arkansas · Aug 31, 2018

Plaintiff has failed to establish a prima facie case of First Amendment retaliation, and thus the Court cannot find that he is entitled to injunctive relief pursuant to 42 U.S.C. § 1983. C. … a prima facie case of First Amendment retaliation, it is not necessary for the Court to consider the Individual Defendants’ qualified immunity argument

United Furniture Workers v. Fort Smith Couch & Bedding Co.

214 F. Supp. 164 · District Court, W.D. Arkansas · Feb 20, 1963

First, the purpose to exclude a particular type of dispute from the arbitration promise must be clearly spelled out. … J., is unable to act within two weeks after notice is given, the parties shall promptly request the Federal Mediation and Conciliation Service to submit a list of five (5) qualified arbitrators.