Morris Sheppard Arnold

How Judge Arnold rules, drawn from 43 signed orders. Every observation links to the order it came from.

Court
U.S. Court of Appeals for the Eighth Circuit
Position
circuit
Appointed by
George H. W. Bush (Republican)
Commissioned
1992-05-26
ABA rating
Well Qualified
Education
University of Arkansas (B.S.E.E., 1965); University of Arkansas School of Law (LL.B., 1968); Harvard Law School (LL.M., 1969); Harvard Law School (S.J.D., 1971)
Signed orders read
43

How Judge Arnold decides

Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.

What persuades

A regular promotion practice did not create a protected property interest without evidence that the city had bound itself to follow that practice.

“So, no matter how regular the fire chief’s practice of promoting high scorers was, it could not give any of the firefighters a property interest in a promotion on its own. What is missing is evidence that the city bound itself in some fashion to adhere to that practice.”

Federal-question jurisdiction over trade-secret and trademark disputes depended on context because both state and federal law could supply the underlying claims.

“We must look to context to determine whether a trade secrets, trademark, or trade dress dispute is a federal dispute.”

Procedural preferences

An appellant could not rely on bare complaint allegations at summary judgment or expect the court to search the record for supporting evidence.

“His references to the bare allegations of his complaint are no substitute. See Thomas v. Corwin, 483 F.3d 516, 530 (8th Cir. 2007); Parker v. USDA, 129 F.4th 1104, 1113–14 (8th Cir. 2025). That leaves us without enough information to say that the constructive discharge claim should have survived summary judgment, and we decline to search the record for evidence supporting Lee’s argument to that effect.”

A request to amend needed a separate motion and the proposed pleading or its substance; a passing reference at the end of briefing was insufficient.

“At a minimum PGAC should have moved separately to amend the complaint and offered the proposed complaint or the substance of the proposed complaint for the court to consider.”

Cautions

Unjust-enrichment class treatment was inappropriate where whether retention of a benefit was unjust depended on the circumstances of each transaction.

“Whether a particular transaction might be considered inequitable or unjust turns on the specific circumstances of each transaction, which again places individual inquiries front and center.”

Signed rulings

A grounded sample of orders signed by this judge, with the verbatim dispositive language.

David Ivey v. Audrain County, Missouri
19-2507 · 2020-08-04
Appeal (appellant) Granted

“We conclude the jail employees are entitled to qualified immunity but that we lack jurisdiction to resolve the county's appeal. So we reverse and remand. ... we do not think that McRaven shows that the officers here violated clearly established law ... we conclude they are entitled to qualified immunity. ... Reversed and remanded.”

Betty Grooms v. Judge Steven Privette
24-2019 · 2025-02-04
Appeal (appellant) Denied

“The district court dismissed her claims, holding that the defendants did not violate the plaintiff's clearly established First Amendment rights and did not violate her substantive due process rights, clearly established or otherwise. Because we agree, we affirm.”

Dewey Barnett, II v. Brenda Short
23-1066 · 2025-02-26
Appeal (appellant) Granted in part

“In sum, the district court properly dismissed Barnett's RLUIPA claim against Short and his Section 1983 claim against the county. But we reverse the court's decision to dismiss the RLUIPA claim against the county and the Section 1983 claim against Short, and we remand for further proceedings.”

United States v. John Lee Bartel
12-1073 · 2012-10-23
Appeal (appellant) Denied

“Affirmed.”

United States v. Hugo Galaviz
11-2534 · 2012-08-06
Appeal (appellant) Granted

“We therefore reverse the sentence and remand for further proceedings.”

William DiMercurio v. Deidre Malcom
12-3766 · 2013-06-18
Appeal (appellant) Granted

“We conclude therefore that the district court abused its discretion in denying Mr. DiMercurio a continuance and therefore erred in dismissing the case with prejudice and denying his motion to reconsider. Accordingly, we vacate the order dismissing the case with prejudice and remand to the district court for further proceedings consistent with this opinion.”

United States v. Bryan Colby Chappell
12-2265 · 2013-01-29
Appeal (appellant) Denied

“Affirmed.”

United States v. Carlous Lindell Daily
12-1651 · 2013-01-15
Appeal (appellant) Denied

“Affirmed.”

United States v. Jerrell Moore
12-2290 · 2013-02-22
Appeal (appellant) Denied

“Affirmed.”

Natalia Karnatcheva v. JPMorgan Chase Bank, N.A.
12-2375 · 2013-01-28
Appeal (appellant) Denied

“Affirmed.”

Purnie Ray Peterson v. CitiMortgage, Inc.
12-2530 · 2013-01-28
Appeal (appellant) Denied

“Affirmed.”

Charles Lewis v. Kimberly Gardner
18-2555 · 2019-07-26
Appeal (appellant) Granted

“We agree with her that she is entitled to qualified immunity ... We therefore reverse and remand for further proceedings.”

Caseload & timing

From public federal docket records for this judge.

Circuit judges do not carry a trial caseload; not enumerated. (District-era W.D. Ark. 1985-1992 caseload not built.)

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