THURAIRAJAH v. CITY OF FT. SMITH, ARKANSAS

No. 19-3530, No. 19-3603.

3 F.4th 1017 (2021)

Eric Roshaun THURAIRAJAH, Plaintiff-Appellant v. CITY OF FORT SMITH, ARKANSAS; Sebastian County, Arkansas; State of Arkansas; Bill Hollenbeck, individually and in his official capacity as Sheriff for the County of Sebastian, Defendants Trooper Lagarian Cross, individually and in his Official Capacity as a State Trooper with and for the State of Arkansas, also known as L. Cross, Defendant-Appellee John Does 1-5, individually and in their official capacity in their roles as an employee of the City of Fort Smith, The State of Arkansas, The Arkansas State Police and/or Employee of Sebastian County, Defendant Eric Roshaun Thurairajah, Plaintiff-Appellee v. City of Fort Smith, Arkansas; Sebastian County, Arkansas; State of Arkansas; Bill Hollenbeck, individually and in his official capacity as Sheriff for the County of Sebastian, Defendants Trooper Lagarian Cross, individually and in his Official Capacity as a State Trooper with and for the State of Arkansas, also known as L. Cross, Defendant-Appellant John Does 1-5, individually and in their official capacity in their roles as an employee of the City of Fort Smith, The State of Arkansas, The Arkansas State Police and/or Employee of Sebastian County, Defendant.

United States Court of Appeals, Eighth Circuit.

Filed: July 2, 2021.


Attorney(s) appearing for the Case

William W. Hyman , James Cameorn King , KING LAW GROUP, Fort Smith, AR, for Eric Roshaun Thurairajah.

Vincent P. France , Assistant Attorney General, Maryna O. Jackson , Jennifer L. Merritt , ATTORNEY GENERAL'S OFFICE, Little Rock, AR, for Trooper Lagarian Cross.

Before SMITH, Chief Judge, KELLY and ERICKSON, Circuit Judges.


The present case stems from Arkansas State Trooper Lagarian Cross's arrest of Eric Roshaun Thurairajah for disorderly conduct after Thurairajah yelled an expletive at him from a moving vehicle. Thurairajah filed suit against Trooper Cross, asserting, among other things, First Amendment retaliation and Fourth Amendment unreasonable...

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