Case law

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.

Richardson v. Ward

District Court, E.D. Arkansas · Sep 3, 2025

Andrews, 972 F.3d 1007, 1012 (8th Cir. 2020) (“We do not ‘define clearly established law at a high level of generality. . . . … qualified immunity. In the Motion to Dismiss, the three moving Defendants raised a prong-two qualified immunity argument.12 The PRD did not address this argument at all.13 The Court must.

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.

Maxwell v. Burse

District Court, E.D. Arkansas · Aug 28, 2020

Qualified Immunity Qualified immunity protects officials who acted in an objectively reasonable manner and shields 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.”

Davis v. Little Rock, City of

District Court, E.D. Arkansas · Mar 3, 2023

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 … Therefore, the Court finds that Buckner is entitled to qualified immunity.

Guffey v. Pulaski County Jail

District Court, E.D. Arkansas · Oct 26, 2022

Qualified immunity protects government officials from liability for damages “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person [in their positions … , was that right clearly established at the time of the defendant’s alleged misconduct.

Rock v. Bryant

459 F. Supp. 64 · District Court, E.D. Arkansas · Jul 19, 1978

Since the court has previously found that a “reasonably diligent” candidate can successfully meet the statutory qualifying procedures within the time and by the method prescribed, plaintiff has not established that his candidacy … However, our decision in this respect should not be deemed as requiring the General Assembly of the State of Arkansas to establish a deadline so near the general election or, indeed, to establish any particular deadline.

Starling v. Bass

District Court, E.D. Arkansas · Mar 14, 2025

Qualified Immunity Defendants assert they are entitled to qualified immunity with respect to Starling’s individual capacity claims. … To determine whether defendants are entitled to qualified immunity, the Court must determine: (1) “whether the facts alleged or shown, construed in the light most favorable to [plaintiff], establish the violation of

Davis v. Lay

District Court, E.D. Arkansas · Jun 5, 2023

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 … Defendants are entitled to qualified immunity if: (1) the evidence, viewed in the light most favorable to Plaintiff, does not establish a violation of a constitutional right; or (2) the constitutional right was not clearly

McCoy v. Iverson

District Court, E.D. Arkansas · Sep 11, 2024

But, beyond these vagaries, Defendants do not develop an argument with respect to the clearly-established prong of the qualified-immunity analysis. … The absence of an argument concerning the clearly-established prong of the qualified-immunity test does not appear to have been an oversight.

Robinson v. Clark

District Court, E.D. Arkansas · Feb 10, 2025

Qualified immunity protects government officials from liability for damages “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person [in their … so, was that right clearly established at the time of the defendant’s alleged misconduct.

Lewis v. Hale

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

Qualified Immunity as to Individual Capacity Claim As to Mr. Lewis’ individual-capacity, excessive-force claim, Defendants assert qualified immunity. … 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 [in their

McBroom v. Boyd

District Court, E.D. Arkansas · Mar 3, 2025

, was that right clearly established at the time of the defendant’s alleged misconduct. … that, precluding their defense of qualified immunity.

Mitchell v. University of Arkansas at Little Rock

District Court, E.D. Arkansas · Apr 6, 2023

Res., 210 F.3d 850, 854 (8th Cir. 2000) (loss of prestige is not enough to establish actionable adverse action). In addition, the Court finds that the Defendants would be entitled to qualified immunity. … Under the doctrine of qualified immunity, a court must dismiss a complaint against a government official in his individual capacity that fails to state a claim for violation of “clearly established statutory or constitutional

Waller v. Reed

District Court, E.D. Arkansas · Feb 1, 2021

Qualified immunity protects government officials who acted in an objectively reasonable manner and shields them from liability when their conduct does not violate “clearly established statutory or constitutional … Defendants are entitled to qualified immunity if: (1) the facts, viewed in the light most favorable to Plaintiff, do not establish a constitutional violation; or (2) the constitutional right was not clearly established

Gilliam v. Staley

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

Individual Capacity Claims Qualified immunity protects government officials from liability in cases brought under § 1983 if their “conduct does not violate clearly established statutory … They are entitled to qualified immunity because they did not violate a clearly established law by restraining Mr. Gilliam while he showered, given his aggressive behavior. See Sandin v.

Collins v. Lockhart

545 F. Supp. 83 · District Court, E.D. Arkansas · May 28, 1982

Respondent’s initial pleading was filed before the Rose decision when case law clearly established that petitioner in this case had effectively exhausted his state court remedies. … The issue as to a death qualified jury was discussed in Part 5, supra.

Benton v. Higgins

District Court, E.D. Arkansas · Feb 6, 2023

ANALYSIS Qualified immunity protects government officials from § 1983 liability for damages if their conduct “does not violate clearly established statutory … clearly established such that a reasonable official would not have known his or her actions were unlawful.

Kettner v. Castleberry

District Court, E.D. Arkansas · Aug 19, 2025

Individual-Capacity Claims: Qualified Immunity Qualified immunity protects a government official from liability when his or her conduct does not violate “clearly established statutory or constitutional … … clearly established at the time of the deprivation.”

Ruiz v. Harmon

District Court, E.D. Arkansas · Aug 28, 2019

With respect to whether Corporal Harmon and Sergeant Fry’s June 21, 2017, alleged actions violated clearly established law, the Court further agrees with Judge Kearney that the relevant law was clearly established at that … Ruiz, establish a violation of his constitutional right and that Corporal Harmon and Sergeant Fry are not entitled to qualified immunity as to Mr. Ruiz’s excessive force claim.