Case law

Hunter v. Ward

476 F. Supp. 913 · District Court, E.D. Arkansas · Sep 7, 1979

Under established principles of contract law, once there has been an offer and an acceptance of the offer a binding contractual relationship exists. … We must also disagree with the defendants’ contention with regard to the plaintiff’s alleged failure to establish irreparable harm.

Gibson v. Missouri Pacific Railroad

620 F. Supp. 85 · District Court, E.D. Arkansas · Oct 29, 1985

Plaintiff qualified for promotion to Locomotive Engineer on December 23, 1973. 4. Plaintiff became a Seventh Day Adventist in 1975. … Plaintiff was informed and aware that if there were no qualified engineers available to relieve him, he would be expected to work. 15.

Hershey v. Multi-Purpose Civic Center Facilities Board for Pulaski County, Arkansas

District Court, E.D. Arkansas · Aug 14, 2020

Apr. 27, 2017) (officer entitled to qualified immunity when arresting protestors blocking access to an office building); see also Habiger v. City of Fargo, 905 F.Supp. 709, 718–19 (D.N.D. … Government officials are immune from suit unless they violate clearly established rights. Pearson v. Callahan, 555 U.S. 223, 231 (2009).

Davenport v. Little Rock, City of

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

immunity. … Standard for the Motion for Judgment on the Pleadings Rule 12(c) “Judgment on the pleadings should be granted only if the moving party clearly establishes that there are no material issues of fact and that it is entitled

Chaney v. Smith

District Court, E.D. Arkansas · Nov 30, 2020

The deputies are entitled to qualified immunity unless they: “‘(1) violated a federal statutory or constitutional right, and (2) the unlawfulness of [their] conduct was clearly established at the time.’” Lane v. … to qualified immunity.

Covert v. Kelley

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

Additionally, qualified immunity does not apply because, viewing the facts in the light most favorable to Covert, his allegations that defendants retaliated against him, in violation of his First Amendment rights, sufficiently … demonstrate a constitutional violation that is clearly established.

Voss v. Lanius

District Court, E.D. Arkansas · Nov 9, 2020

Thus, issues concerning qualified immunity are appropriately resolved on summary judgment. See Mitchell v. … favorable to the plaintiff, establish a violation of a constitutional or statutory right; and (2) whether that right was so clearly established that a reasonable official would have known that his or her actions were unlawful

Sims v. Brown

District Court, E.D. Arkansas · Aug 24, 2020

Qualified Immunity Defendants argue that they are entitled to qualified immunity on the claims for failure to protect and failure provide adequate medical care.25 Under the … doctrine of qualified immunity, a government official performing discretionary functions is shielded from liability for civil damages if the conduct did not violate clearly established rights or if it would have been objectively

Aldridge

District Court, E.D. Arkansas · Jul 23, 2026

Qualified immunity shields government officials from civil liability when their conduct does not violate a clearly-established constitutional right. Saterdalen v. Spencer, 725 F.3d 838, 841 (8th Cir. 2013). … This is the case because Aldridge’s speech was not protected; therefore, Shepherd did not violate Aldridge’s clearly-established right 4 to free speech.

Ward v. Emberton

District Court, E.D. Arkansas · Sep 29, 2023

The question becomes whether qualified immunity shields him from -8- liability. It does not. … They violated Ward’s clearly -11- established rights under the Fourth Amendment.

Keesee v. Johnson

District Court, E.D. Arkansas · Oct 25, 2023

was clearly established at the time of the purported misconduct.” … Eddleman is also entitled to qualified immunity because his acts were authorized by a court order and thus did not violate Keesee’s clearly established statutory rights.

Turning Point USA at Arkansas State University v. Rhodes

District Court, E.D. Arkansas · Aug 19, 2019

Recognizing the difficulty of the issue is not to say that first amendment law, according to the federal appellate courts, is never clearly established and that qualified immunity always protects … See Estate of Walker, 881 F.3d at 1061 (reversing the denial of qualified immunity because the district court defined the constitutional right in question too generally; the issue of whether the right was clearly established

Brasfield v. Pine Bluff Arkansas, City of

District Court, E.D. Arkansas · Sep 30, 2024

Mayor Washington in her individual capacity may be protected by qualified immunity. … “Qualified immunity shields a government official from liability in a § 1983 action unless the official’s conduct violates a clearly established constitutional or statutory right of which a reasonable person would have

Brown v. Dermott Arkansas, City of

District Court, E.D. Arkansas · Sep 27, 2023

Qualified immunity Defendants are immune from the individual capacity claims alleged against them. … right is clearly established, and (3) raised a genuine issue of fact as to whether the official would have known that the conduct violated that clearly established right.”

Wheeler v. Searcy Arkansas, City of

District Court, E.D. Arkansas · May 27, 2020

Individual-Capacity Claims for Unreasonable Seizure Qualified immunity protects government officials “from liability for civil damages insofar as their conduct does not violate clearly established statutory … In determining whether a defendant is entitled to qualified immunity, a court examines (1) whether the facts alleged or shown, construed most favorably to the plaintiff, establish a violation of a constitutional right and

McBeth v. BOARD OF ED. OF DeVALL'S BLUFF SCH. DIST. NO. 1, ARK.

300 F. Supp. 1270 · District Court, E.D. Arkansas · Jun 20, 1969

Federal jurisdiction is established, 28 U.S.C.A. § 1343 (3) and 42 U.S.C.A. § 1983 . … to teach, and to replace another teacher if better qualified.

Shelton v. McKinley

174 F. Supp. 351 · District Court, E.D. Arkansas · Jun 8, 1959

Once membership is established, then discharge or a declaration of ineligibility automatically follows. … Board of Higher Education, both supra, establish that such cannot be done. This Court, of course, cannot do otherwise than follow the decisions just mentioned. Weiman v.

Cato v. Collins

394 F. Supp. 629 · District Court, E.D. Arkansas · Apr 1, 1975

Twillie was qualified for head basketball coach, he did not have the qualifications to head the Athletic Department as head football and basketball coach. The testimony established that Mr. … In addition, jurisdiction is established under the provisions of 42 U.S.C.A. § 1983 , seeking to redress the deprivations under color of law of rights, privileges and immunities secured under the Constitution and laws of

Scott v. Holladay

District Court, E.D. Arkansas · Aug 9, 2019

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.

Barnes v. Byers

District Court, E.D. Arkansas · May 16, 2022

Qualified Immunity Defendants argue they are protected from liability in their individual capacities by qualified immunity, which protects officials who act in an objectively reasonable … To determine whether defendants are entitled to qualified immunity, the courts generally consider two questions: (1) whether the facts alleged or shown, construed in the light most favorable to the plaintiff, establish