Case law

Malone v. Does

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

Qualified Immunity The County Defendants ask the Court to dismiss Plaintiff’s claims against them in their individual capacities based on qualified immunity. (Doc. … 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.

Terry v. Dycus

District Court, E.D. Arkansas · May 16, 2023

To determine whether a defendant is entitled to qualified immunity, the Court must consider two questions: (1) do the facts alleged by plaintiff establish a violation of a constitutional or statutory right; and (2) if … so, was that right clearly established at the time of the defendant’s alleged misconduct.

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.

Gilbert v. City of Little Rock

544 F. Supp. 1231 · District Court, E.D. Arkansas · Aug 13, 1982

The complainant in McDonnell Douglas established a prima facie case by showing (1) that he belonged to a racial minority; (2) that he applied for and was qualified for a job for which the employer was seeking applicants; … Conclusion Some plaintiffs did not prove they were qualified for promotions.

United States v. Warren Brown & Sons Farms

868 F. Supp. 1129 · District Court, E.D. Arkansas · Nov 3, 1994

Discussion The standard governing the Court’s consideration of a motion for summary judgment is well-established. … While a foreclosure technically qualifies as an action within the class identified by § 2415(c), United States v.

Lawrence v. Ringgold

District Court, E.D. Arkansas · Jun 14, 2022

Detective Ringgold seeks qualified immunity. … The qualified immunity standards under Arkansas law are the same as under federal law. Blevins v. Hudson, 2016 Ark. 150, at *6-7, 489 S.W.3d 165, 169-70.

CITIZENS TO ESTABLISH REFORM PARTY v. Priest

970 F. Supp. 690 · District Court, E.D. Arkansas · Aug 14, 1996

On February 16, 1996, Defendant Secretary of State Priest rejected Plaintiffs’ petition to qualify as a new political party, claiming that the Reform Party had not met the signature requirements established by Ark.Code Ann … of qualified Arkansas electors. 20.

Villarreal v. DeWitt

District Court, E.D. Arkansas · Mar 31, 2022

was clearly established at the time of the defendant’s alleged misconduct.” … An official is immune from suit if his or her actions did not violate clearly established principles of law of which a reasonable person would have knowledge.

Smith v. Bentley

493 F. Supp. 916 · District Court, E.D. Arkansas · Jul 3, 1980

The plaintiffs perform abortions during the first trimester of pregnancy without regard to the criteria for “legal abortions” established in Ark.Stat.Ann. § 41-2554 (Crim. Code 1976). … While the Court in Roe, supra, recognized that a woman’s decision to abort a fetus was part of the right of privacy, the Court was careful to point out that a woman’s decision to have an abortion is a qualified rather than

McCoy v. Iverson

District Court, E.D. Arkansas · Feb 26, 2024

Qualified Immunity Defendants assert qualified immunity, which protects government officials from personal liability for damages “insofar as their conduct does not violate clearly … In this case, each Defendant is entitled to qualified immunity because Mr.

American Atheists Inc v. Rapert

District Court, E.D. Arkansas · Dec 15, 2020

By its Orders dated September 30, 2019, and April 23, 2020, the Court intended to allow State Senator Rapert to seek qualified immunity on plaintiffs’ Claims 3, 4, and 5, not to seek dismissal on grounds other than qualified … is entitled to qualified immunity on plaintiffs’ free-speech and right-to-petition claims, he is also entitled to qualified immunity on plaintiffs’ other claims, at least to the extent that plaintiffs seek monetary damages

Taylor v. Scott

District Court, E.D. Arkansas · Mar 24, 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.

Comic v. White County, Arkansas

District Court, E.D. Arkansas · Sep 29, 2021

To get past qualified immunity, a plaintiff must show (1) a violation of a constitutional or statutory right, and (2) that the right was clearly established at the time of the violation.65 “Whether a given set of facts … .”88 It was not clearly established at the time of Mr.

Downs v. Conway School District

328 F. Supp. 338 · District Court, E.D. Arkansas · Jun 23, 1971

Downs, is a qualified professional teacher, having a total experience of 25y2 years in the Arkansas Public School System. 2. … In fact III F 4a, supra, indicates that the Board clearly intends to hold each teacher to the conditions set forth therein. This situation falls clearly within the facts and findings in Greene v.

Jones v. Wright

District Court, E.D. Arkansas · Nov 7, 2023

clearly established statutory or constitutional rights of which a reasonable person [in their positions] would have known.” … officer [is] sufficient to overcome qualified immunity.”

Barbee v. Naylor

District Court, E.D. Arkansas · Dec 11, 2023

Qualified Immunity In their motion for summary judgment, Defendants argue that they are entitled to qualified immunity. … “Qualified immunity shields public officials from liability for civil damages if their conduct did not violate clearly established statutory or constitutional rights of which a reasonable person would have known.”

Johnson v. Crawfis

128 F. Supp. 230 · District Court, E.D. Arkansas · Jan 28, 1955

It is the argument of the defendants that the plaintiff was not qualified for admission as a patient in the State Hospital, and it is said that since the proof heard by the court established the plaintiff as being mentally … It is true that over the objections of the plaintiff the defendant introduced testimony clearly showing that the incompetent Negro minor, plaintiff in this case, was a mentally deficient person rather than one suffering from

Stepps v. Board of Trustees of the University of Arkansas

District Court, E.D. Arkansas · Sep 6, 2022

citizens . . . .”45 This clearly established right certainly would have been violated if Dr. … Schulz is entitled to qualified immunity on the discrimination claim. B.

Davenport v. Little Rock, City of

District Court, E.D. Arkansas · Jul 11, 2023

In ZJ, the court held that the SWAT team members were not entitled to qualified immunity because “it was clearly established in 2010 that the use of flash- bang grenades is unreasonable where officers have no basis to believe … Therefore, the Court finds that Buckner is entitled to qualified immunity.