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.
123211P.pdf 04/26/2013 Shawna Hess v. Carol Abels
U.S. Court of Appeals Case No: 12-3211
U.S. District Court for the Eastern District of Arkansas - Pine Bluff
[PUBLISHED] [Gruender, Author, with Murphy and Smith, Circuit Judges]
Civil case - Employment law. In action brought by an city employee
who was terminated after refusing to take a drug test, the district court did
not err in granting the defendants' motion for summary judgment based
on qualified immunity as it was not clearly established at the time of the
termination that such an action violated an employee's Fourth
Amendment rights; plaintiff's Fifth Amendment and Fourteenth
Amendment claims failed to allege a constitutional violation; the district
court properly dismissed the official capacity claims against the
individual defendant and the claims against the City; no error in
dismissing claims under the Arkansas Civil Rights Act.