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· 11/7/1991

John Burk v. Linda L. Beene, Doctor, in Her Individual and Official Capacity as Director of the Arkansas State Board of Private Career Education

Citations

  • 948 F.2d 489
  • 1991 U.S. App. LEXIS 26489
  • 1991 WL 227916

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that Arkansas has not waived its Eleventh Amendment immunity
  • stating that a defendant’s good faith or bad faith is irrelevant to the qualified-immunity inquiry
  • suggesting that when the violation of the law is “unknown and unknowable” in the defendant official’s circumstances, the official may enjoy qualified immunity despite a violation of an otherwise clearly established law
  • Arkansas has not waived its sovereign immunity, so sovereign immunity barred official-capacity claims for damages against defendant state official
  • § 1983 suit; holding officer who was aware affidavit was untruthful “should have known [it] would violate the accused’s constitutional rights”
  • the court applied six factor test to determine whether a bi-state agency is more like an arm of the compacting states or more like a local governmental entity

Source: CourtListener parenthetical corpus (CC0).

Judges: Bowman, Heaney, Loken

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.