Opinion
4:22-cv-628-DPM
08-24-2022
CARL OBADIAH WATSON PLAINTIFF v. CHANDRA L. BLACK, Administrative Law Judge; SCOTTY DALE DOUTHIT, Commission Chairman; CHRISTOPHER L. PALMER, Commissioner; M. SCOTT WILLHITE, Commissioner; ARKANSAS WORKERS COMPENSATION COMMISSION; ARKANSAS DEATH AND PERMANENT TOTAL DISABILITY TRUST FUND; STATE OF ARKANSAS DEFENDANTS
ORDER
D.P. MARSHALL JR. UNITED STATES DISTRICT JUDGE
1. Watson's application to proceed in forma pauperis, Doc. 1, is granted. He reports living on disability income.
2. The Court must screen Watson's complaint. 28 U.S.C. § 1915(e)(2). Watson had a bad fall at work. He pursued a claim for workers' compensation benefits through the administrative process and judicial review. His claim did not succeed. Watson v. Highland Pellets, LLC, 2022 Ark.App. 132, 643 S.W.3d 267.
Watson's later suit here fails. Having lost in state court, he cannot challenge that decision and pursue workers' compensation benefits in federal court. Exxon Mobil Corp. v. Saudi Basic Industries Corp., 544 U.S. 280, 284 (2005); see also Skinner v. Switzer, 562 U.S. 521, 531-32 (2011). Arkansas and the workers' compensation commission are immune from suit. Will v. Michigan Department of State Police, 491 U.S. 58, 71 (1989). Administrative Law Judge Black and Commissioners Douthit, Palmer, and Willhite are also immune from suit because they acted in a judicial capacity on issues within their jurisdiction. Justice Network Inc. v. Craighead County, 931 F.3d 753, 759-64 (8th Cir. 2019); see also, e.g., VanHorn v. Oelschlager, 457 F.3d 844, 847-48 (8th Cir. 2006). The Court will dismiss the case without prejudice.
So Ordered.