7 Arkansas opinions name it 3 courts 2004–2023 2 in the last five years
The cases below were cited by Arkansas courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Holt Civic Club v. City of Tuscaloosagreen2 sentences2007See also Holt Civic Club v. City of Tuscaloosa, 439 U.S. 60 (1978) (rejecting a substantive due process challenge to statutes that extended certain municipal powers over those residing within three miles of city boundaries without permitting such residents to vote in municipal elections). 2007I believe your question instead implicates the Equal Protection Cause's one-person, one-vote requirement, the concern being that county residents in a city's five-mile extraterritorial area must be afforded the right to participate in municipal elections. 5 This issue was effectively resolved by the United States Supreme Court in Holt, supra, where the Court considered an equal protection claim brought against a city by nonresidents who were not allowed to vote in its elections. | 1 | 1 |
Texaco, Inc. v. Shortgreen1 sentence2007See Texaco, Inc. v. Short, supra and cf., e.g., Rocket Oil and Gas v. Donabar , 127 P.3d 625 , Ct. Civ. | 1 | 1 |
Rocket Oil and Gas Co. v. Donabargreen1 sentence2007See Texaco, Inc. v. Short, supra and cf., e.g., Rocket Oil and Gas v. Donabar , 127 P.3d 625 , Ct. Civ. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Arkansas. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Graham v. Connor
green
2 sentences2023Admission of Expert Testimony 3 Graham, supra, was a § 1983 civil-rights action, in which the United States Supreme Court held that all claims that law enforcement have used excessive force—deadly or not—in the course of an arrest, investigatory stop, or other “seizure” of a free citizen are properly analyzed under the Fourth Amendment’s “objective reasonableness” standard rather than under a substantive-due-process standard. 2023Admission of Expert Testimony 3 Graham, supra, was a § 1983 civil-rights action, in which the United States Supreme Court held that all claims that law enforcement have used excessive force—deadly or not—in the course of an arrest, investigatory stop, or other “seizure” of a free citizen are properly analyzed under the Fourth Amendment’s “objective reasonableness” standard rather than under a substantive-due-process standard. | 2 | 2023–2023 |
Sandin v. Conner
green
2 sentences2009Id.; Sandin v. Conner, 515 U.S. 472 , 115 S.Ct. 2293 , 132 L.Ed.2d 418 (1995). 2009Id.; Sandin v. Conner, 515 U.S. 472 , 115 S.Ct. 2293 , 132 L.Ed.2d 418 (1995). | 1 | 2009–2009 |
Wolff v. McDonnell
green
1 sentence2006As a result, Arkansas has not created a liberty interest in good time under the constitutional analysis in Wolff v. McDonnell, 418 U.S. 539 (1974), cited by both parties. 4 Thus, an implied claim for a substantive due process violation cannot be supported. | 1 | 2006–2006 |
Clyde Weiler v. James Purkett Leah Embly
green
1 sentence2004With regard to whether governmental actions violate substantive due process, the Eighth Circuit Court of Appeals has stated as follows: Under the rubric of the substantive due process clause, the Constitution prohibits "`the government from engaging in conduct that shocks the conscience or interferes with rights implicit in the concept of ordered liberty.'" Moran v. Clarke, 296 F.3d 638 , 643 (8th Cir. 2002) ( quoting Weiler v. Purkett, 137 F.3d 1047 , 1051 (8th Cir. 1998) (en banc)). | 1 | 2004–2004 |
Moran v. Clarke
green
1 sentence2004With regard to whether governmental actions violate substantive due process, the Eighth Circuit Court of Appeals has stated as follows: Under the rubric of the substantive due process clause, the Constitution prohibits "`the government from engaging in conduct that shocks the conscience or interferes with rights implicit in the concept of ordered liberty.'" Moran v. Clarke, 296 F.3d 638 , 643 (8th Cir. 2002) ( quoting Weiler v. Purkett, 137 F.3d 1047 , 1051 (8th Cir. 1998) (en banc)). | 1 | 2004–2004 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.