Judge Griffen won't stop hearing on injunction in Little Rock school suit | Arkansas Blog

Wednesday, March 18, 2015

Judge Griffen won't stop hearing on injunction in Little Rock school suit

Posted By on Wed, Mar 18, 2015 at 9:24 AM

Circuit Judge Wendell Griffen has just issued an order that means a scheduled hearing on a preliminary injunction against the state takeover of the Little Rock School District will proceed as scheduled this morning.

The judge struck the state Education Department's motion for a stay pending Arkansas Supreme Court consideration of an intermediate appeal of the judge's refusal to dismiss the suit on the claim that the state was immune from lawsuit. Griffen said the question of whether the department had acted outside its constitutional authority and arbitrarily was a clear exception to the sovereign immunity protection.

Griffen noted the plaintiffs in the lawsuit challenging the School District takeover — former Board members and residents of the district — had not sough money damages. The state is immune from claims for money.

He said countless lawsuits had been filed against the state and this case was no different. He said, furthermore, that the Education Department had not asked the Supreme Court for a stay of further proceedings in the case.

The judge said the motion for a stay was not "well grounded in fact" nor "warranted by existing law or a good faith argument" — language taken from the rules off civil procedure. He said the motion for a stay violated tRule 11 because it was made for an improper purpose — to cause unnecessary delay.

As a result, he struck the motion for a stay on the basis of a rule that says a court may take such action on any pleading that is "redundant, immaterial, impertinent or scandalous." He said the motion was redundant — "merely the latest in a series of efforts to delay or avoid adjudication of this litigation involving a challenge to the legality of the Jan. 28, 2015 action to dissolve the board of directors of the Little Rock School District. "

The hearing seems likely to proceed unless the state has a counter up its sleeve. Benji Hardy will be on hand.

UPDATE: I think the state is attempting to get an emergency hearing from the Arkansas Supreme Court to suspend proceedings. If they get a speedy motion, I hope somebody will light a fire under their butts on the marriage equality case, sitting without action after being decided Nov. 20. It will say a little bit about Supreme Court predisposition if they move with lightning speed here.

Sign up for the Daily Update email

Comments (2)

Showing 1-2 of 2

Add a comment

Subscribe to this thread:
Showing 1-2 of 2

Add a comment

More by Max Brantley

  • Where's the outrage?

    Am I the only person, apart from federal prosecutors, outraged about the criminal enterprise that inveigled itself into a privileged position as an Arkansas taxpayer-financed human services provider to the tune, today, of $43 million a year?
    • Jun 21, 2018
  • Where's the outrage?

    • Jun 21, 2018
  • Rutledge opponent hits her socializing with corporate interests

    Mike Lee, the Democratic candidate for attorney general, has criticized Attorney General Leslie Rutledge over recent reports of her participation at private meetings where corporate interests make big contributions to a political group she heads for access to state legal officers.
    • Jun 21, 2018
  • More »

Readers also liked…

Most Viewed

  • Proposed child holding site in Arkansas 5 miles from WWII Japanese-American internment camp

    One big difference between Rohwer and today: The parents kept at Rohwer in World War II weren't separated from their children.
  • LR woman sues Louisville police over failures in rape investigation

    Salisa Luster Harrison, who now lives in Little Rock, Tuesday filed a federal lawsuit in Louisville, Ky., alleging multiple failures by the Louisville police investigating a sexual assault of her more than 10 years ago.
  • Baby gorilla born at zoo

    The Little Rock Zoo has a happy announcement: The birth of a healthy baby gorilla. The baby, whose sex has not been determined, was born to Sekani, who came to the zoo in 2004 from Toronto; her baby is her third. The father of the baby is a silverback, Kivu, and he is being "very attentive" to his first child, the zoo reports. Kivu came to the zoo in 2016 from Santa Barbara.

Most Recent Comments



© 2018 Arkansas Times | 201 East Markham, Suite 200, Little Rock, AR 72201
Powered by Foundation