Sparkman Learning Ctr. v. Ark. Dep’t. Human Servs.

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The Arkansas DHS regulates child care facility licensing and administers the USDA Child Care Food Program. Sparkman day care facility provided disability services funded by DHS and participated in the Program through DHS. The Program prohibits placement of disqualified individuals in a position of authority, 7 C.F.R. 226.6(c)(3)(ii)(B). DHS Policy states that violations can result in exclusion of a provider from further funding. DHS alleged that Sparkman placed a disqualified individual, Whitaker, in a position of authority. Sparkman believed that racial animus motivated DHS to place Whitaker on the disqualification list, but did not raise an equal protection claim at the hearing. Before the hearing was complete, the ALJ resigned, stating "as an African American male I cannot continue to work in a[n] office where racism and harassment continue to exist." Another ALJ, a Caucasian present as an observer, upheld DHS's termination of funding. With state appeals pending, Sparkman filed a federal complaint. The district court stayed proceedings. Following state court remand, DHS appointed a private attorney to serve as hearing officer; Sparkman agreed to the selection. Sparkman again made no equal protection or due process claims. The hearing officer decided in DHS's favor. Sparkman’s state court appeal alleged ex parte communications between DHS and the hearing officer. The state courts upheld the decision. The federal court concluded that claim preclusion barred Sparkman's due process and equal protection claims. The Eight Circuit affirmed, holding that the claims could have been brought during the state administrative proceeding and judicial review. View "Sparkman Learning Ctr. v. Ark. Dep't. Human Servs." on Justia Law