Case law

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  • Pedraza v. Dill

    District Court, E.D. Arkansas · Jun 17, 2025

    Qualified immunity protects government officials from personal liability for damages “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have … To overcome the defense at the summary judgment stage, Pedraza must demonstrate: “(1) a deprivation of a constitutional right, [that was] (2) … clearly established at the time of the deprivation.”

    Cited 0 timesUnknown
  • In Re Grand Jury Subpoena American Broadcasting Companies, Inc.

    947 F. Supp. 1314 · District Court, E.D. Arkansas · Nov 6, 1996

    This regulation clearly establishes that ABC does not have any basis by virtue of 28 C.F.R. § 50.10 (e) for challenging the Independent Counsel’s failure to secure the Attorney General’s permission before issuing the subpoena … a qualified privilege for journalists). 5 .

    Cited 12 timesPublished
  • Aaron

    District Court, E.D. Arkansas · Jul 2, 2026

    Qualified Immunity Smith asserts that he is entitled to qualified immunity with respect to Aaron’s individual capacity claims. Doc. No. 38 at 6-21. … Accordingly, Aaron cannot establish a constitutional violation occurred, and Smith is entitled to qualified immunity. 2.

    Cited 0 timesUnknown
  • Dillard v. Arkansas Department of Correction

    District Court, E.D. Arkansas · Mar 18, 2024

    Qualified immunity shields a government official from liability when his conduct does not violate “clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v. … Callahan, 555 U.S. 223, 232 (2009).2 “‘A clearly established 2Courts are “permitted to exercise their sound discretion in deciding which of the two prongs of the qualified immunity analysis should be addressed first

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  • Thomas v. Culclager

    District Court, E.D. Arkansas · May 20, 2024

    Thomas clearly relinquished any argument that more than reasonable suspicion (or arguable reasonable suspicion for the second prong of qualified immunity) was needed. Accordingly, Ms. … One of the purposes of qualified immunity is to shield government officials from trial (not just liability) where their conduct has not violated clearly established law.27 If, during trial, a judge becomes convinced that

    Cited 0 timesUnknown
  • Williams v. Little Rock, City of

    District Court, E.D. Arkansas · Feb 13, 2023

    immunity unless their actions violated clearly established law. … Kansas City Bd. of Police Commissioners, 931 F.3d 672 (8th Cir. 2019), in which the Eighth Circuit found that the SWAT team members were not entitled to qualified immunity because “it was clearly established in 2010 that

    Cited 0 timesUnknown
  • Robinson v. Lay

    District Court, E.D. Arkansas · Mar 28, 2025

    Are Lay, Johnson, and Richardson entitled to qualified immunity on the individual capacity claims? … established.

    Cited 0 timesUnknown
  • Watkins v. Gilliam

    District Court, E.D. Arkansas · Jan 23, 2024

    Qualified immunity shields government employees sued in their individual capacities “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of … “To defeat a claim of qualified immunity, a plaintiff . . . must . . . show both that the officer’s conduct violated a constitutional right, and that the constitutional right was clearly established.”

    Cited 0 timesUnknown
  • Terry v. Randle

    District Court, E.D. Arkansas · Jun 22, 2023

    Qualified immunity may protect a government official from liability when his or her conduct does not violate “clearly established statutory or constitutional rights of which a reasonable person would have known.” … To the extent yard call was not conducted as a result of Covid-19 precautions, Defendant Randle is entitled to qualified immunity: there is no clearly established law that would have put Defendant Randle on notice that

    Cited 0 timesUnknown
  • Foster

    District Court, E.D. Arkansas · Sep 14, 2026

    Qualified Immunity Defendants assert qualified immunity, which protects government officials from personal liability for damages “insofar as their conduct does not violate … clearly established statutory or constitutional rights of which a reasonable person [in their positions] would have known.”

    Cited 0 timesUnknown
  • Sterling v. Board of Trustees of University of Arkansas

    District Court, E.D. Arkansas · Nov 28, 2022

    officials from civil liability so long as their conduct does not violate clearly established statutory or constitutional rights . . . .”91 The Supreme Court has routinely explained that qualified immunity protects “all … Wallace is entitled to qualified immunity. In May of 2018, it was not clearly established that the FMLA prohibited his decision not to hire Ms.

    Cited 0 timesUnknown
  • Harris v. Little Rock, City of

    District Court, E.D. Arkansas · Feb 28, 2024

    that right was clearly established at the time of the challenged conduct. … That right was clearly established by March of 2017, which leaves the question of whether viewing the evidence in the light most favorable to Plaintiffs, the Detectives are entitled to qualified immunity.

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  • Calvin v. Randall

    District Court, E.D. Arkansas · Mar 21, 2022

    Perhaps the key difference is that the qualified-immunity inquiry requires proof of notice of a pattern of violations of clearly established constitutional rights. Krigbaum, 808 F.3d at 340. … Once a plaintiff reaches the liability phase, the qualified immunity defense must have either been defeated or not raised, so the clearly-established element is no longer at issue.

    Cited 0 timesUnknown
  • Barton v. Hill

    District Court, E.D. Arkansas · Aug 13, 2024

    Qualified Immunity Defendants argue in their Motion for Summary Judgment11 that they are entitled to qualified immunity on Barton’s claims. … Qualified immunity protects government officials from personal liability for damages “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person

    Cited 0 timesUnknown
  • Thornsberry v. Barden

    District Court, E.D. Arkansas · Sep 21, 2022

    Qualified Immunity Captain Barden argues he is entitled to qualified immunity from the personal capacity claims. … Qualified immunity protects government officials from § 1983 liability for damages if their conduct “does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.

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  • Monk v. Flowers

    District Court, E.D. Arkansas · Sep 30, 2021

    Monk next argues that Senator Flowers is not entitled to qualified immunity because it was clearly established that her conduct was unconstitutional based on Garcia v. … Monk in this case, the Court determines that right was not clearly established at the time of Senator Flower’s alleged conduct. For these reasons, Senator Flowers is entitled to qualified immunity on Mr.

    Cited 0 timesUnknown
  • Grigsby v. Mabry

    569 F. Supp. 1273 · District Court, E.D. Arkansas · Aug 5, 1983

    This principle was firmly established in Turney v. … Bronson and Hastie, clearly establishes that a juror’s attitude toward the death penalty is the most powerful known predictor of his overall predisposition in a capital criminal case.

    Cited 81 timesPublished
  • Jones v. Kulesa

    District Court, E.D. Arkansas · Jan 28, 2025

    Police officers are immune from suit unless they violate a clearly established constitutional or statutory right. See Estate of Morgan v. Cook, 686 F.3d 494, 496 (8th Cir. 2012). … And “[w]here the record does not conclusively establish the lawfulness of an officer’s use of force, summary judgment on the basis of qualified immunity is inappropriate.” Banks v.

    Cited 0 timesUnknown
  • Pulliam

    District Court, E.D. Arkansas · Jan 16, 2026

    Qualified immunity shields law enforcement officers from civil damages when their conduct does not violate a clearly established statutory or constitutional right of which a reasonable person would have known. … Qualified immunity does not shield Rash because it is clearly established that an arrestee lying on the ground in handcuffs has a right not to be kicked in the head. Nieters, 83 F.4th at 1109.

    Cited 0 timesUnknown
  • Wheeler v. Searcy Arkansas, City of

    District Court, E.D. Arkansas · Oct 19, 2020

    [the constitutional right in question] was clearly established at the time of the defendant's alleged misconduct.” … immunity even if his corrected testimony failed to establish probable cause.

    Cited 0 timesUnknown

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