DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
051231P.pdf 03/21/2006 Hazel L. Wilson v. City of Malvern etc.
U.S. Court of Appeals Case No: 05-1231
Western District of Arkansas
[PUBLISHED] [Loken, Author, with Gruender and Benton, Circuit Judges]
Civil case - civil rights. Defendant were entitled to qualified immunity
on claim they violated plaintiff's civil rights by constructing a drainage
ditch to flood her property, as there was no evidence in the record from
which a jury could find defendants' actions constituted purposeful race
discrimination; defendants were not entitled to qualified immunity on
plaintiff's claim that their failure to maintain the ditch was racially
motivated, as they failed to counter the reasonable inference that their
inaction was racially motivated; however, the claim must be limited to
the persons actually responsible for the failure to maintain the ditch, and
neither the chief inspector nor the mayor had any liability for the inaction;
claim that city officials harassed plaintiff's sister in retaliation for
plaintiff's complaints was not supported by the record, and defendants
were entitled to qualified immunity on that claim.