Richard S. Arnold
How Judge Arnold rules, drawn from 30 signed orders. Every observation links to the order it came from.
Judge Arnold no longer hears cases. This profile is preserved as a historical record of how they ruled.
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 disparate-treatment claim can survive summary judgment when the record identifies similarly situated employees outside the protected groups who received better treatment and the employer offers no adequate nondiscriminatory explanation for the distinction.
“We believe this record is sufficient to show that other BETs were similarly situated to Greer for Title VII purposes, but were treated better.”
A pro se filing can timely commence a Title VII action even if it is not on the prescribed complaint form, provided the submission describes the alleged discrimination and invokes the statute's protection.
“We conclude her filing was the substantial equivalent of a complaint. Specifically, the documents presented to the District Court described the alleged discriminatory conduct and invoked Title VII protection.”
Procedural preferences
A party seeking to modify a prospective injunction must identify a significant factual or legal change that makes continued enforcement unjust; unsupported cost and compliance assertions did not justify modification on the existing record.
“As the motion failed to allege a significant change in either the factual or the legal landscape warranting relief from the injunction, and as the District Court failed to make such findings, we conclude that modification of the injunction was not justified on the present record.”
Cautions
Misstatements or omissions in a warrant affidavit do not warrant a hearing when probable cause remains after the challenged statement is removed and the omitted information is supplied.
“Mr. Alie made these arguments to the Magistrate Judge, who disagreed, finding that there would have been sufficient probable cause to support the warrant even if the alleged misrepresentation were omitted from, and the omissions added to, the affidavit.”
Civil contempt requires a clear and certain violation. An order reasonably susceptible to more than one reading cannot support contempt, especially when it restricts public access to material introduced in open court.
“No one should be held in contempt for violating an ambiguous order, especially an order purporting to restrict the right of the public to see public records and documents.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Thus, we grant the motion to recall mandate, and remand to the District Court to hold an evidentiary hearing and to make the factual findings and legal conclusions outlined.”
“For the reasons discussed below, we reverse the judgment of the District Court and remand for an evidentiary hearing.”
“The order granting the motion to suppress is reversed.”
“Accordingly, we affirm.”
“Accordingly, we reverse the District Court's dismissal as to the individual police officers, but affirm the dismissal as to the City of Pine Lawn. We remand to the District Court for proceedings consistent with this opinion.”
“Accordingly, we affirm.”
“Accordingly, we reverse and remand in part, and affirm in part.”
A historical record
Judge Arnold no longer hears cases. This profile stays available as a record of how they ruled. If you're preparing for a matter, start from the court's current bench.