Case law

Murray v. McNutt

District Court, E.D. Arkansas · Oct 24, 2019

“Qualified immunity attaches when an official’s conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” … immunity on the basis that such a right is not clearly established.

Sterling v. Board of Trustees of University of Arkansas

District Court, E.D. Arkansas · Oct 23, 2020

Wallace is not entitled to qualified immunity because retaliation and discrimination are clearly established as illegal under the FMLA (Dkt. No. 14, at 1). The Court concludes that Dr. … Wallace is not entitled to qualified immunity because qualified immunity is not available to defendants on an FMLA claim. Darby v. Bratch, 287 F.3d 673, 682 (8th Cir. 2002).

Flemons v. Westbrook

District Court, E.D. Arkansas · Jan 16, 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 positions … so, was that right clearly established at the time of the defendant’s alleged misconduct.

Ellison v. Best Foods, A Division of C.P.C. International, Inc.

598 F. Supp. 159 · District Court, E.D. Arkansas · Nov 14, 1984

The Bank hoped to change this situation by hiring a more qualified individual instead of merely promoting from among the Bank’s current employees someone less qualified. … Obviously, such a condition will not immunize the defendant from actions that stemmed from discriminatory conduct.

Scott v. Payne

District Court, E.D. Arkansas · Sep 19, 2022

Vineyard says he is entitled to qualified immunity. … If it were otherwise, qualified immunity would be a strong incentive for wrong-minded ingenuity.

Emery v. Wilson

District Court, E.D. Arkansas · Jan 13, 2021

The doctrine of qualified immunity provides that “government officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established … Based on the above accounts, Defendants state they are entitled to qualified immunity because Emery cannot establish an Eighth Amendment rights violation.

Frazier v. USA

District Court, E.D. Arkansas · Aug 12, 2022

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

Rose v. Gibson

District Court, E.D. Arkansas · Apr 27, 2022

Collins, Hodges, and Ellis are entitled to qualified immunity on that claim, however, because Rose’s constitutional right against malicious prosecution was not clearly established when he was arrested … The officers are entitled to qualified immunity on this record in any event.

Crowley v. Lemons

District Court, E.D. Arkansas · Jun 24, 2025

not violate clearly established statutory or constitutional rights of which a reasonable person [in their positions] would have known.” … ; and (2) whether the right was clearly established at the time of the deprivation.

Buchanan v. Pierce

District Court, E.D. Arkansas · Jul 29, 2024

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 … so, was that right clearly established at the time of the defendant’s alleged misconduct.

Jones v. Clinton

974 F. Supp. 712 · District Court, E.D. Arkansas · Aug 22, 1997

Ramirez, 967 F.2d 1413, 1415-16 (9th Cir.1992) (concluding that a parole officer was not entitled to qualified immunity for depriving a woman of her clearly established due process right to bodily privacy by entering a bathroom … He thus argues that the sequence of events plaintiff has alleged does not establish causation.

Elder v. Putnam

District Court, E.D. Arkansas · May 29, 2020

Elder’s original complaint that they are entitled to qualified immunity, which protects government officials “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional … The proper standard for addressing qualified immunity at the Rule 12(b)(6) stage is whether immunity is established on the face of the complaint. Hafley v.

Calvin v. Randall

District Court, E.D. Arkansas · Mar 29, 2024

Even assuming Chief Randall’s conduct turned out to be a substantive due process violation, he is protected from suit and liability by the doctrine of qualified immunity unless it was clearly established—at the time … Burch are enough to defeat qualified immunity at this stage.

Thurmond v. Ryals

District Court, E.D. Arkansas · Mar 9, 2021

Turning to county liability, it noted its qualified immunity analysis relied exclusively on the “clearly established” prong which “does not necessarily mean Faulkner County did not violate the rights of the plaintiffs, … Constitutional Right Versus Clearly Established Right As the Eighth Circuit made clear in its qualified immunity analysis for the individual Defendants, it only analyzed the clearly established prong and not

United States v. Trunko

189 F. Supp. 559 · District Court, E.D. Arkansas · Dec 9, 1960

In the Court’s estimation the Government has sufficiently established the first two elements above mentioned, but has failed to establish the third by the requisite degree of proof. I. … all of which was done under color of law and State authority, and all of which was wrongful and illegal, amounted to a violation of Williams’s right not to be deprived of his liberty without due process of law, a right clearly

Maxwell/G-Doffee v. Simmons

District Court, E.D. Arkansas · May 22, 2024

Qualified Immunity As to individual-capacity claims, the ADC Defendants assert qualified immunity, which protects government officials from personal liability for damages … officer [is] sufficient to overcome qualified immunity.”

Robinson v. Lucas

District Court, E.D. Arkansas · Feb 26, 2025

Sheriff Lucas is entitled to qualified immunity unless (1) he has violated a constitutional right, and (2) the unlawfulness of his conduct was clearly established at the time the conduct occurred. Id. … To be “clearly established,” the unlawfulness must be established by controlling authority or a strong consensus of persuasive authority. /d.

Hyman v. City of Walnut Ridge

District Court, E.D. Arkansas · May 30, 2019

Is Kirksey nonetheless entitled to qualified immunity against the Hymans’ First Amendment claims? Yes. … Qualified immunity shields state actors from civil liability unless they violate a “clearly established statutory or constitutional right of which a reasonable person would have known.” Morgan v.

Banks v. Pulaski County Sheriff Department

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

Waters asserts that he is entitled to qualified immunity.5 To overcome this defense, Mr. … Banks must show that: (1) the supporting facts, viewed in the light most favorable to him, establish a violation of his constitutional rights; and (2) those constitutional rights were clearly established such that a reasonable

Featherston v. Dycus

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

Qualified Immunity The Defendants argue that they are entitled to qualified immunity because Featherston cannot establish that they violated his clearly established constitutional … Qualified immunity protects government officials from liability for damages “insofar as their conduct does not violate clearly established statutory or 79 Will v.