Case law

Gilkey v. United States

213 F. Supp. 387 · District Court, W.D. Arkansas · Jan 30, 1963

The plaintiff, Walter Franklin Gilkey, as the duly appointed, qualified and acting special administrator of the estate of Dorothy Gilkey, deceased, seeks to recover from defendant, United States, damages on behalf of the … “In the case at hand the testimony does tend to establish the first requirement, a common purpose.

Seigrist, JR. v. Social Security Administration Commissioner

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

It is well-established that a claimant for Social Security disability benefits has the burden of proving his or her disability by establishing a physical or mental disability that lasted at least one year and that prevents … Step Three To qualify for disability benefits at step three, a claimant must establish that his impairment meets or equals a listing. Johnson v.

Merrell v. Social Security Administration Commissioner

District Court, W.D. Arkansas · Jan 23, 2018

It is well established that a claimant for Social Security disability benefits has the burden of proving his or her disability by establishing a physical or mental disability that lasted at least one year and that prevents … Indeed, even though Plaintiff argues this report 6 clearly establishes he is disabled, it is not apparent this report in any way establishes any limitations

Burkhart v. Social Security Administration Commissioner

District Court, W.D. Arkansas · Jun 20, 2023

Step Three Analysis: To qualify for disability benefits at Step Three, Plaintiff must establish that her impairment meets or medically equals a listing. Johnson v. … In order to establish that she met listing 12.08, Plaintiff would have to establish the criteria set out in both paragraphs A and B; and to establish that she met listings 12.04 she would have to establish the criteria

Grummer v. Budget Truck Rental LLC

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

Second, the proposed witness must be qualified to assist the finder of fact. … “A witness can be qualified as an expert by knowledge, skill, experience, training or education . . . .” Wheeling Pittsburgh Steel Corp. v.

Purifoy v. Williams

District Court, W.D. Arkansas · Oct 3, 2018

Plaintiff asserted that the jail officers were not qualified to determine what type of material was relevant to his religious beliefs. … immunity; and (5) there is no basis for official capacity liability.

Human Rights Defense Center v. Baxter County, Arkansas

District Court, W.D. Arkansas · Aug 15, 2019

For all of these mailings, HRDC was clearly put on notice as to the reason why the mailings were not being distributed to the inmates at the Jail. … immunity. 7 HRDC also argues that the declaratory judgment issued in this case successfully changed the status quo and altered the legal relationship between the parties.

Morris v. Walker

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

immunity, and there were no policies or customs of MCDC that violated Plaintiff’s constitutional rights. … The Court will assume for purposes of this Report and Recommendation that Plaintiff is a qualified individual with a disability.

McKinney v. Huntsville School District

District Court, W.D. Arkansas · Oct 17, 2018

Free Speech Claim The law is clearly established that neither teachers nor students shed their constitutional rights to freedom of speech or expression at the schoolhouse gate. S.JU.W. ex. rel. … not immunized by the constitutional guarantee of freedom of speech.”

Forsgren v. Gillioz

123 F. Supp. 231 · District Court, W.D. Arkansas · Jul 21, 1954

Plaintiffs contend that the decision of the Construction Engineer is binding on the parties and establishes the fact that the plants were covered by the subcontract. … The contract is plain and unambiguous concerning the power to change the plans, and, as before stated, the testimony clearly establishes the fact that the change with respect to lateral B did not conform to the capacity of

Bredehoeft Produce Co. v. Willis Shaw Frozen Express, Inc.

376 F. Supp. 70 · District Court, W.D. Arkansas · May 20, 1974

Sec. 207(a) of the Interstate Commerce Act, 49 U.S.C. 307(a), provides that subject to Section 310 of the Motor Carriers Act, a certificate shall be issued to any qualified applicant therefor if it is found that the applicant … “Shippers and consignees supporting applications for authority to transport property should identify clearly the commodities they ship or receive, the points to or from which their traffic moves, the volume of freight they

Ruloph v. LAMMICO

District Court, W.D. Arkansas · Jul 24, 2020

Judgment on the pleadings is appropriate “only if the moving party clearly establishes that there are no material issues of fact and that it is entitled to judgment as a matter of law. Porous Media Corp. v. … facility all medical records (or copies thereof), related to the emergency condition for which the individual has presented, available at the time of transfer . . .; (D) in which the transfer is effected through qualified

Sterling v. Hill

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

Clearly, the jurisdiction of federal courts extends only to actual cases or controversies. U. S. Const. art. III, §2, cl. 1. … The third and final method to establish Pike County’s liability is by establishing the failure to train or supervise the offending actors caused the deprivation. Parrish v.

Scharnhorst v. Cantrell

District Court, W.D. Arkansas · Mar 12, 2025

Accordingly, the Court concludes that the Defendants did 2 evidence of retaliation, and that the Defendants are entitled to qualified immunity. … This is clearly a misstatement of the WCDC grievance procedure as described by the WCDC Detainee Handbook. In any event, argument by counsel is not evidence.

Baker v. Brockmeyer

District Court, W.D. Arkansas · Feb 22, 2021

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 … Clearly, none of these actions deprived Baker of his federal 9 constitutional rights.

Oak Creek Investment Properties, Inc. v. American Electrical Power Services Corporation

District Court, W.D. Arkansas · Feb 14, 2020

The tort of defamation cannot be established by pointing to tine items on a bill and claiming they are false. … According to the Agreement (Doc. 35-1), AEP-SWEPCO is clearly identified as “Sponsor,” KMT is identified as “Contractor,” and CLEAResult is identified as “Administrator.” (Doc. 35-1, p. 4).

Miller v. Thurston

District Court, W.D. Arkansas · Sep 15, 2020

even to qualify for the constitutional cure period, and the language of the OPA petition has been rejected by the SBEC. … 44 if the Court accepted Plaintiffs’ modified position that they were not aware of any constitutional violation until after Miller | was decided, this framing of the issue would clearly

Hause v. City of Fayetteville, Arkansas

District Court, W.D. Arkansas · Sep 22, 2025

Type 2 STRs are those that “do[ ] not qualify as a short-term rental, Type 1.” Id. § 118.01(E)(2). … The Ordinance clearly indicates that the granting of such a permit is discretionary: “Type 2 short-term rentals may be permitted as a conditional use . . . .”

Shipp v. Hoffman

District Court, W.D. Arkansas · Jul 15, 2020

In that case, the Eighth Circuit affirmed a district court’s denial of qualified immunity to a prison medical services administrator who, over the course of roughly eight months, received grievances and letters from a prisoner … Smith clearly believed that Dr.

Browne v. PAM Transport Inc

District Court, W.D. Arkansas · Dec 16, 2019

Second, the proposed witness must be qualified to assist the finder of fact. … Viscelli’s first conclusion regarding what “data clearly indicates” is based on the data from his survey.