· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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