Status of Closed Litigation
	Subcommittee on Litigation Reports
	 of the Arkansas Legislative Council
Agency:	AR Professional Bail Bond Co	Report #:	<NA>
Plaintiff:	Jeff Darling	Attorney	Charles D. Hancock
Defendant:	AR Prof. Bail Bond Co.	Attorney:	Nancy E. Pryor
Intervenor:	Attorney
Court :	PULASKI COUNTY CIRCUIT- 6TH DIVISION	Docket 	CV2006-147	Filed:	01/09/2006
Relief Sought:	Judicial Review
Issue:	This is an administrative appeal of the Board's decision to fine Jeff Darling and Elizabeth 
Case History:
Current Status:	Case dismissed.  Failure to prosecute.  File closed on 08/03/2007.
Agency:	AR Professional Bail Bond Co	Report #:	<NA>
Plaintiff:	Stanley & Sue Wood	Attorney	Jeff Rosenzweig, Esq.
Defendant:	AR Professional Bail Bond Co.	Attorney:	Nancy E. Pryor
Intervenor:	Attorney
Court :	PULASKI COUNTY CIRCUIT-6TH DIVISION	Docket 	CV2005-16891	Filed:	12/05/2005
Relief Sought:	Judicial Review
Issue:	This is an administrative appeal of the Board's decision to assess fines and revoke Petitioners' 
	license.
Case History:
Current Status:	Case dismissed.  Voluntary dismissal.  File closed on 08/03/2007.
Agency:	Appraisers Licensing & Certif. Board	Report #:	<NA>
Plaintiff:	Lynn Harrison	Attorney	Dylan H. Potts
Defendant:	AR Appraiser Licensing	Attorney:	Warren T. Readnour
Intervenor:	Attorney
Court :	PULASKI COUNTY CIRCUIT-3RD DIVISION	Docket 	CV2006-11267	Filed:	09/26/2006
Relief Sought:	Reversal of Board Decision
Issue:	This is a petition for judicial review.  Petitioner wants the Board's decision regarding disciplinary
	 action reversed.
Case History:
Current Status:	Arkansas Appraiser Licensing and Certification Board decision affirmed by the Circuit 
	Court.  File closed on 8/17/2007.
	1	/Litigation Summary	07-Sep-2007

Agency:	LAND COMMISSIONER	Report #:	<NA>
Plaintiff:	United Parts & Supply, et al	Attorney	Stuart W. Hankins
Defendant:	JARSEW, LLC, et al	Attorney:	Larry E. Crane
Intervenor:	Attorney
Court :	ST. FRANCIS COUNTY CIRCUIT COURT	Docket 	CV 2004-24-3	Filed:	02/22/2006
Relief Sought:	Declaratory judgment for compensatory & punitive damages
Issue:	Plaintiffs seek declaratory judgment against the State Land Commissioner of both 
	compensatory and punitive damages, declaratory judgment declaring the quitclaim deed from St 
	Francis Levee District to Johnny Davidson, III null and void, in the alternative, if the court 
	finds Jarsew to have colorable interest in the subject property, the court could enter a judgment 
	declaring United's interest first, paramount and superior to Jarsew interest, or if the court should 
	find Jarsew lawful owner of subject property, enter a judgment in favor of United against Jarsew 
	in an amount equal to value of all improvement made by United since May 13, 2003, an 
	affirmative injunction ordering State Land Commissioner to distribute plaintiffs funds he holds 
	in excess of amounts due his office and St. Francis County Collector; enter affirmative 
	injunction ordering St. Francis title in subject property to United and extinguish claims or 
	interests of Jarsew and Johnny Davidson, III or any other person in subject property; and award 
	plaintiffs attorney's fees and costs.
Case History:
Current Status:	Case dismissed.  Voluntary dismissal.  File closed on 08/20/2007.
Agency:	Prosecuting Attorney	Report #:	<NA>
Plaintiff:	Johnny Weaver	Attorney	Jimmy L. Wilson
Defendant:	Fletcher Long, Jr.	Attorney:	Lori L. Freno
Intervenor:	Attorney
Court :	PHILLIPS COUNTY CIRCUIT COURT	Docket 	2:06CV190	Filed:	09/12/2006
Relief Sought:	Injunctive and declaratory relief and attorney's fees.
Issue:	Plaintiff Weaver, a previous mayor of Helena, Arkansas, alleges that Prosecuting Attorney 
	Fletcher Long violated his constitutional rights through selective prosecution. Specifically, 
	Weaver alleges that his prosecution was based upon his race and political participation.
Case History:	On 6/13/2007, the district court granted Long's Motion to Dismiss. Case is being held 
	open for possible appeal.  No appeal taken.  Case has been closed.
Current Status:	No appeal taken.  Case has been closed.
	2	/Litigation Summary	07-Sep-2007

Agency:	Department of Correction	Report #:	<NA>
Plaintiff:	Karen M. Hogan	Attorney	Pro Se
Defendant:	Department of Correction	Attorney:	Lori Freno
Intervenor:	Attorney
Court :	USDC, EASTERN DISTRICT, LITTLE ROCK	Docket 	4:07CV00235 	Filed:	03/16/2007
Relief Sought:	Monetary.
Issue:	Title VII action is which plaintiff alleges race, sex and disability discrimination as a result of her 
	employer disciplining her for unprofessional conduct.
Case History:	Motion to Dismiss filed.  Awaiting decision.
Current Status:	Case closed.  File closed on 08/27/2007.  Case dismissed for failure to exhaust 
	administrative remedies.
Agency:	Ozarka College	Report #:	<NA>
Plaintiff:	Douglas W. Rush	Attorney	Denise Reid Hoggard
Defendant:	Barbara Perryman, et. Al	Attorney:	Sherri L. Robinson
Intervenor:	Attorney
Court :	IZARD COUNTY CIRCUIT COURT	Docket 	CV-2005-112-4	Filed:	10/23/2005
Relief Sought:	Seeks vested pension, economic damages, or reinstatement or front pay.
Issue:	Rush, the ex-president of Ozarka College, alleges wrongful termination in violation of the 
	federal and Arkansas constitutions and law. The Board terminated Rush after improprieties came
	 to light during an audit.
Case History:	Rush voluntarily dismissed his state-court case and re-filed his claims in federal court. 
	The federal case is set for trial the week of 3/13/2008.  Case has been dismissed on 
	Plaintiff's motion.
Current Status:	Case closed.
Agency:	State Of Arkansas	Report #:	<NA>
Plaintiff:	State of Arkansas	Attorney	Attorney General's Office
Defendant:	Michael White	Attorney:	Pro Se
Intervenor:	Attorney
Court :	Docket 	CV-2007-95	Filed:	03/19/2007
Relief Sought:	Money Judgment.
Issue:	Action for recovery of costs of care under State Inmate Care and Custody Reimbursement Act.
Case History:	Hearing set for 7-20-2007.
Current Status:	Judgment against the defendants in the amount of $6,500.  File closed.
	3	/Litigation Summary	07-Sep-2007

Agency:	Sex Offender Screening & Risk Assess. Comm.	Report #:	<NA>
Plaintiff:	James R. Munson, Jr.	Attorney	Pro Se
Defendant:	Sex Offender Screening & Risk	Attorney:	Amy L. Ford
Intervenor:	Attorney
Court :	PULASKI COUNTY CIRCUIT COURT	Docket 	CV-2005-	Filed:	07/28/2005
Relief Sought:	Review of assessment level 3.
Issue:	Petitioner Munson was charged with violation of a minor and was later found guilty of a class 
	"C" felony. The SOAC (Sex Offender Assessment Committee) assessed Munson at a level 3.
Case History:	The circuit court dismissed Munson's petition for failure to file in a timely manner. 
	Munson appealed to the AR Supreme Court, which held that a final administrative 
	order issued by the SOAC must contain written findings of fact and conclusions of law. 
	The case was remanded to SOAC for entry of a proper final order.
Current Status:	CLOSED.
Agency:	Sex Offender Screening & Risk Assess. Comm.	Report #:	<NA>
Plaintiff:	Paul Otero	Attorney	Pro Se
Defendant:	SOSRA	Attorney:	Amy L. Ford
Intervenor:	Attorney
Court :	HOT SPRING COUNTY CIRCUIT COURT	Docket 	CV2007-26-1	Filed:	01/25/2007
Relief Sought:	Review of Assessment Level
Issue:	Plaintiff petitions for a judicial review asking the Court to reduce the risk assessment 
	notification from Level 3.  Plaintiff also asks for appointment of attorney.
Case History:	Petitioner was assessed a risk level 3.  He was convicted of Computer Child 
	Pornography and Sexual Indecency with a Child on 7-1-05.  Documentation indicates 
	the Petitioner in a sexually explicit conversation and arranged to meet a person he 
	believed to be a 14 yr. old female for sexual contact.  He admitted to internet use to set
	 up over 20 meetings with feamle strangers but denied any of them were minors.  When
	 polygraphed, deception was indicated on the issue of other minor victims.
Current Status:	ACTIVE.  A Motion to Dismiss was filed and Record lodged on 2-12-07.  A motion for
	 Remand for entry of a final order will be filed.  The SOAC letter advising the offender 
	of the results of the administrative review did not contain findings of fact and law.  
	This action is based upon the decision of the AR Supreme Court in the case of Munson 
	v. AR Dept. of Corrections, case #06-933 (5-17-2007), the Court which held that a 
	final administrative order pursuant to the APA must contain findings of fact and law.  
	Case dismissed for failure to exhaust administrative remedies.  File closed on 8/29/2007.
	4	/Litigation Summary	07-Sep-2007

Agency:	ARKANSAS RACING COMMISSION	Report #:	<NA>
Plaintiff:	J. Herbert Carter	Attorney	S. Lance Cox
Defendant:	Sen. Jim Argue, et al	Attorney:	Matthew B. McCoy
Intervenor:	Attorney
Court :	CRITTENDEN COUNTY CIRCUIT COURT	Docket 	CV-2005-721	Filed:	01/05/2006
Relief Sought:	Declaratory Judgment; and injunctive relief enjoining defendants from taking further 
	action under Act 1151.
Issue:	Plaintiff seeking declaratory judgment that Act 1151 is an unlawful delegation of legislative 
	authority, constitutes special legislation, violates the equal protection clause, and constitutes a 
	monopoly; temporary and permanent injunction enjoining all defendants from further action 
	pursuant to Act 1151.
Case History:	An Answer on behalf of the Arkansas Racing Commission and a Motion to Dismiss on 
	behalf of the Legislator Defendants was filed on 2/10/06.  The City of West Memphis 
	and Southland filed separate Motions for Summary Judgment.  No Response has been 
	filed by the plaintiff and no hearing has been set by the court.
Current Status:	Active.  The committee requested this case be monitored.  Answer on behalf of AR 
	Racing Commission and Motion to Dismiss on behalf of General Assembly Members 
	filed on 2/10/06.  AR Greyhound Owners and Breeder's motion to intervene was 
	granted.  All parties filed for summary judgment, filed their responses, and stipulated to 
	the facts of the case.  A final hearing is set for 04/28/06.  Plaintiff voluntarily 
	dismissed the Legislator Defendants and the City Defendants.   The Arkansas Racing 
	Commission is still in the case.  We are waiting for the Court to Rule on the Summary 
	Judgment Motion.  The Court granted Defendants Motion for Summary Judgment and 
	the Plaintiff has filed his Notice of Appeal.  The time for Plaintiff to appeal has 
	expired, our office will be closing the file.  Case was dismissed on summary judgment 
	and was not appealed.  Case closed.
	5	/Litigation Summary	07-Sep-2007