# Robinson v. Beaumont

> Supreme Court of Arkansas · March 16, 1987 · 291 Ark. 477

URL: https://www.frixlaw.com/law-library/cases/9764874

## Case

- **Full name:** Tommy ROBINSON and Mark BOWMAN v. William E. BEAUMONT, Jr. and Jo GROCOCK
- **Court:** Supreme Court of Arkansas
- **Decided:** March 16, 1987
- **Citations:** 291 Ark. 477; 725 S.W.2d 839; 1987 Ark. LEXIS 1988
- **Precedential status:** Published
- **Opinion:** Concurring in part by Hickman
- **Judges:** Purtle, Hickman, Glaze
- **Cited by:** 55 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9764874

## Opinion text

Darrell Hickman, Justice, concurring in part and dissenting in part. In my judgment the majority opinion misses the mark. I agree the order denying summary judgment should be subject to appeal; thereafter, I disagree with the opinion.
The trial judge denied summary judgment for the wrong reasons. The appellants are entitled to a judgment before trial as to whether they are immune from suit. Mitchell v. Forsyth, 472 U.S. 511 (1985). In consideration of that judgment, the question is: did the appellants’ conduct violate clearly established statutory or constitutional rights? The appellants arrested the appellees without a warrant. As every peace officer knows, a person can be arrested for a felony without a warrant if there is “. . . reasonable cause to believe such person has committed ... a felony.” A.R.Cr.P. Rule 4.1. That means the appellants did not violate statutory or constitutional standards unless reasonable cause did not exist. That is the question the trial court should address, before trial; in this case through a motion for summary judgment. If the facts are virtually undisputed, he should rule. If not, it goes to the jury. We do not have a decision on the question, and the trial should not proceed until it is decided on the proper basis.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9764874. Public record. Not legal advice.