In Re: Honorable John Kemp

An Arkansas trial judge filed suit against the Arkansas Supreme Court and justices in their official capacities, alleging that they violated his constitutional rights by permanently barring him from presiding over death penalty cases. The district court dismissed claims against the Arkansas Supreme Court as barred by sovereign immunity and denied the justices' motion to dismiss. The Eighth Circuit granted the justices' motion for writ of mandamus and directed plaintiff to dismiss the complaint with prejudice. The court held that plaintiff's free speech claim failed because he did not allege that he engaged in a protected activity where the recusal order applied to him in his role as a public employee and where recusal from death penalty cases was not an adverse employment action; the recusal order did not affect defendant's right to practice religion and his Free Exercise Clause claim failed; plaintiff's claim under the Arkansas Religious Restoration Act also failed; plaintiff was not deprived of his due process rights where he alleged no cognizable life, liberty or property interest; plaintiff failed to plausibly allege an equal protection claim; and the district court erred in allowing plaintiff's civil conspiracy claim to proceed were he failed to allege a plausible constitutional violation to support the claim. View "In Re: Honorable John Kemp" on Justia Law