Case law

Scharnhorst v. Cantrell

District Court, W.D. Arkansas · Oct 3, 2022

Federal courts may issue an order for a temporary restraining order (TRO) without first hearing from all parties only if “specific facts in an affidavit or a verified complaint clearly show that immediate and irreparable … Arkansas Dept. of Human Services, 364 F.3d 925, 933 (8th Cir. 2004) (reversing injunction as it applied to a non-party concluding that non-party’s mere “supervisory” role did not qualify as active participation within the

Martinez-Nolan v. Tyson Poultry, Inc.

District Court, W.D. Arkansas · Feb 9, 2021

Holowecki, 552 U.S. 389 (2008), does not convince the Court that Plaintiff’s initial letter qualifies as a charge sufficient to instigate an EEOC investigation. … Nevertheless, Holowecki is clearly distinguishable from this action because Plaintiff’s initial letter to the EEOC was unverified and therefore does not qualify as a formal charge, while in Holowecki, the plaintiff sent

Thompson v. Holloway

District Court, W.D. Arkansas · Jun 30, 2025

To the contrary, he clearly states in his petition that he has been held 2 pre-trial since August 1, 2024, has not yet been brought to trial … Ordinarily, a state detainee must await the entry of a final state court judgment to satisfy the exhaustion of state remedies requirement and qualify for federal habeas corpus review. See Davis v.

McRae v. Bradshaw

District Court, W.D. Arkansas · Mar 19, 2019

immunity. … immunity.

Dorn v. Brooks

District Court, W.D. Arkansas · Jan 17, 2020

(2) there is no proof of personal involvement on the part of Sheriff Helder and Major Denzer; (3) Deputy Brooks’ use of force was in a good faith effort to restore order and discipline; (4) Defendants are entitled to qualified … immunity in their individual capacities; and (5) there is no basis for official capacity/county liability.

Nunley v. Department of Justice

483 F. Supp. 2d 751 · District Court, W.D. Arkansas · Mar 5, 2007

DISCUSSION Defendants have moved for summary judgment arguing: (1) the complaint fails to state facts constituting a claim against Halfaere; (2) Halfacre is protected from suit by qualified immunity; (3) the content of the … We believe defendants have established that the procedures were reasonably calculated to provide notice to Nunley. Each notice was sent by certified mail addressed to Nunley at the facility he was incarcerated in.

Mitchell v. Warrington

District Court, W.D. Arkansas · Jul 17, 2023

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 … The law has clearly established that jailers must take measures to prevent inmate suicides once they know of the suicide risk. Rellergert by Rellergert v.

Powell v. Kloss

District Court, W.D. Arkansas · Mar 4, 2024

Plaintiffs conclude that the evidence clearly shows that Defendant exerted the operational control necessary to be an employer under the FLSA. … However, Defendant never clearly articulates his argument in opposition.

Branch v. Transplace Freight Services, LLC

District Court, W.D. Arkansas · Nov 21, 2017

LEGAL STANDARD The standard of review for summary judgment is well established. … Branch is not required to establish that racial discrimination was the one and only reason why he was fired.

Leyva v. Portlock

District Court, W.D. Arkansas · Sep 20, 2018

Shuffman, 603 F.3d 439, 449 (8th Cir. 2010)(“A prisoner’s right under the First Amendment to petition for redress of grievances under a prison’s grievance procedures is clearly established in this court”). … Clearly, his exercise of his constitutional rights has not been chilled. No plausible action is stated here because Plaintiff has not alleged any facts suggesting the existence of an adverse action.

Duff v. Griffie

District Court, W.D. Arkansas · Mar 9, 2018

Indeed, Plaintiff was clearly not deterred from exercising his First Amendment rights based on the quantity and tenor of his grievances.3 Plaintiff’s claims against King for retaliation are not supported by the summary … immunity may be raised as a defense.

Robertson v. McCormick

District Court, W.D. Arkansas · May 6, 2019

Clinical services are available five times a week and are performed by a physician or other qualified health professional. Id. … immunity.

Conn v. Helder

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

named Defendants; (3) Defendants did not subject Plaintiff to any unconstitutional conditions of confinement; (4) negligence does not rise to the level of a constitutional violation; (5) Defendants are entitled to qualified … immunity; and, (6) there is no basis for official capacity/county liability.

Dismuke v. Martin

District Court, W.D. Arkansas · Feb 22, 2024

Plaintiff claims that inmates perform plumbing and electrical work at the CCDC even though they are not qualified. Id. at p. 12. … The grievance policy itself provides, in pertinent part, that the “detainee must clearly describe all facts and all requests in the grievance.” (ECF No. 21-2).

In re Wilson

116 F. 419 · District Court, W.D. Arkansas · Jun 9, 1902

On December 6th the petitioning creditors presented their petition to the district judge, in which they represented that the receiver previously appointed by the referee, after having duly qualified, took possession of the … Without going into details, in the opinion of the court the conduct of the bankrupt clearly establishes the fact that, when he found that he was unable to bridge over his difficulties, he determined upon feathering his own

TRIOSIM CORPORATION v. CLINT YOUNG; and M&S RELIABILTY GROUP, LLC

District Court, W.D. Arkansas · Jun 25, 2026

“Information must meet both the ATSA definition and all of the six . . . factors in order to qualify as a trade secret.” Id. … The public interest in protecting trade secrets is apparent from the Arkansas and federal statutory schemes established to protect them.

Hurlbut v. Helder

District Court, W.D. Arkansas · Jan 4, 2019

Qualified Immunity Having found that the facts do not make out a constitutional violation, Defendants are entitled to qualified immunity. See, e.g., Krout v. … Goemmer, 583 F.3d 557, 564 (8th Cir. 2009) (unless there is a violation of a constitutional right the Defendant is entitled to qualified immunity). V.

Wilmoth v. Sgt. Garner

District Court, W.D. Arkansas · Feb 27, 2018

“[O]ther courts addressing this issue have found that the PREA does not establish a private cause of action . . . .” Krieg v. Steele, 599 F. App'x 231, 232 (5th Cir.) (per curiam) , cert. denied, 136 S. … immunity may be raised as a defense.

Hill v. Payne

District Court, W.D. Arkansas · Jan 30, 2023

; 4) Plaintiff failed to provide any facts to support the elements of either his failure to protect or his retaliation claims, and these claims are therefore barred by qualified immunity; 5) Plaintiff cannot bring a claim … Mull, 784 F.3d 485 (8th Cir. 2015) (mere timing of events alone does not establish the requisite causal link); Atkinson v.

Cifuentes v. Outcomes, Inc.

District Court, W.D. Arkansas · Mar 31, 2025

LEGAL STANDARD A party moving for summary judgment must establish both the absence of a genuine dispute of material fact and its entitlement to judgment as a matter of law. … That would clearly be inconsistent with this Court’s ruling above regarding what qualifies as residing at the workplace for an extended period of time.