Case law

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  • Jones v. Kohler Co. Pension Plan

    224 F. Supp. 3d 691 · District Court, E.D. Arkansas · Dec 1, 2016

    ERISA does not establish what standard of review courts should use for actions challenging benefit eligibility determinations. Firestone Tire & Rubber Co. v. … It clearly states that the disability must first occur “after a Member both has completed ten years of Vesting Service and has attained his forty-fifth birthday” (Dkt. No. 12, at 8).

    Cited 0 timesPublished
  • Radford v. Golden

    District Court, E.D. Arkansas · Sep 5, 2019

    Picket is barred by qualified immunity. See Pearson v. … Callahan, 555 U.S.S 223, 232 (2009) (holding that plaintiff must establish a violation of a constitutional or statutory right in order to be entitled to qualified immunity).

    Cited 0 timesUnknown
  • Hollowell v. Gravett

    118 F.R.D. 473 · District Court, E.D. Arkansas · Nov 16, 1987

    Defendant Montgomery moved to dismiss for failure to state a claim, res judica-ta, waiver, estoppel and immunity. (Docket # 12.) … The concept of res judicata is often not clearly differentiated from the concept of collateral estoppel. Defendant Dillinger moves for summary judgment based on res judicata. Howard v.

    Cited 1 timesPublished
  • Walls v. Starks

    District Court, E.D. Arkansas · Nov 12, 2020

    The Court noted that, even if the officer who used deadly force acted “contrary to her training,” she was still entitled to qualified immunity. Id., 135 S.Ct. at 1777. … [given that] police officers are entitled to qualified immunity unless existing precedent squarely governs the specific facts at issue.”).

    Cited 0 timesUnknown
  • Gilliam v. Staley

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

    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 … Conclusion The Defendants are entitled to qualified immunity because Gilliam has not established that his constitutional rights were violated.

    Cited 0 timesUnknown
  • Garner v. Green

    District Court, E.D. Arkansas · Jun 17, 2022

    If it does, then Officer Gamble is entitled to qualified immunity because she had arguable probable cause to arrest Garner. … If it does not, then the Court concludes that Garner’s constitutional right against malicious prosecution was not clearly established at the time of her arrest. Quraishi, 986 F.3d at 835.

    Cited 0 timesUnknown
  • Roberts v. Berry

    District Court, E.D. Arkansas · Feb 22, 2022

    Defendants argue that these claims are futile because they are entitled to qualified immunity. … Qualified immunity shields public officials from liability for civil damages if “their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.”

    Cited 0 timesUnknown
  • Brown v. United States

    374 F. Supp. 723 · District Court, E.D. Arkansas · Apr 18, 1974

    negligence on the part of the Government was clearly erroneous. … The holding of the Court of *728 Appeals establishes as the law of the case that the Government breached its duty to use reasonable care in providing for plaintiff’s safety by confining him “in a facility that it knew or

    Cited 9 timesPublished
  • Harrison v. Faughn

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

    On March 24, 2021, Defendants Faughn, Sanders, and Stacy filed notice of interlocutory appeal regarding qualified immunity. Doc. 107. … entitled to qualified immunity as to all individual capacity claims against them. Doc. 124 at 10-11.

    Cited 0 timesUnknown
  • In Re State of Missouri

    7 B.R. 974 · District Court, E.D. Arkansas · Dec 2, 1980

    It is plain that a state is not immunized from the provisions of the Bankruptcy Code. 11 U.S.C. § 542 provides for the turnover of property by an “entity.” … If the lower court is clearly without jurisdiction the writ will ordinarily be granted to one who at the outset objected to the jurisdiction, has preserved his rights by appropriate procedure and has no other remedy....

    Cited 12 timesPublished
  • Banks v. Moore

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

    Qualified Immunity Officers sued under § 1983 in their individual capacities can raise qualified immunity as a defense. … were not clearly established at the time.”

    Cited 0 timesUnknown
  • Henry v. Franks

    District Court, E.D. Arkansas · Mar 27, 2024

    A 6 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 … , was that right clearly established at the time of the defendant’s alleged misconduct.

    Cited 0 timesUnknown
  • Light v. Blackwell

    472 F. Supp. 333 · District Court, E.D. Arkansas · Jun 1, 1979

    Jordan, 415 U.S. 651 , 94 S.Ct. 1347 , 39 L.Ed.2d 662 (1974), and call this Court’s attention to the Supreme Court’s statement on page 663, 94 S.Ct. on pages 1355-1356 of its opinion which reads: It is also well established … The wrongdoing must amount to a deprivation of a right, privilege or immunity protected by the Constitution or the laws of the United States.

    Abrogated by City of Monterey v. Del Monte Dunes at Monterey, Ltd., 526 U.S. 687 (1999)Cited 21 timesPublished
  • Whitley v. Baptist Health

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

    The Court's ruling on liability leaves too many issues open to qualify as a final decision certifiable under Rule 54(b). … And in the Union County case, clearly controlling Iowa law existed. 525 F.3d at 646-47. Not so here.

    Cited 0 timesUnknown
  • Corder v. City of Sherwood

    579 F. Supp. 1042 · District Court, E.D. Arkansas · Feb 22, 1984

    . § 1983 , alleging that the refusal to grant the permits was in violation of the due process, equal protection, and privilege and immunity clauses of the Fourteenth Amendment to the United States Constitution. … It is enough that exercise of federal review of the question ... would be disruptive of state efforts to establish a coherent policy with respect to a matter of substantial public concern.

    Cited 4 timesPublished
  • Arkansas Day Care Ass'n, Inc. v. Clinton

    577 F. Supp. 388 · District Court, E.D. Arkansas · Nov 22, 1983

    The State has an obvious interest in inspection by qualified personnel. … Larson is clearly a First Amendment case and the test used fits comfortably with the issues in this lawsuit.

    Cited 4 timesPublished
  • Hendrickson v. Leipzig

    715 F. Supp. 1443 · District Court, E.D. Arkansas · Jun 13, 1989

    (b) However, information, documents, or records otherwise available from original sources are not to be construed as immune from discovery or use in any such action merely because they were *1445 presented during the proceedings … Thus, Arkansas has clearly expressed its policy that such information is confidential and can only be disclosed under narrow exceptions.

    Cited 0 timesPublished
  • Elizabeth Miller v. Department of Human Services

    District Court, E.D. Arkansas · Mar 31, 2026

    First, Miller fails to provide specific facts sufficient to raise a genuine issue for 4 Miller argues that the Court should consider whether Miller “was qualified to perform the job” and does not mention her employer … Miller must establish a sufficient factual showing of similarity. Vaughn, 496 F.3d at 910–11. Miller does not make a sufficient showing to establish that Dees is similarly situated for the pretext analysis.

    Cited 0 timesUnknown
  • Humphrey v. Payton

    District Court, E.D. Arkansas · Dec 20, 2022

    Walker, A Qualified Defense of Qualified Immunity, 93 Notre Dame L. Rev. 1853 (2018); Alexander A. Reinert, Qualified Immunity’s Flawed Foundation, 111 Calif. L. … Minnehan, 14 F.4th 830, 837–38 (8th Cir. 2021) (discussing prior cases and concluding that clearly established law precluded qualified immunity). 380 Wright, 813 F.3d at 699. 381 During oral argument, there was

    Cited 0 timesUnknown
  • Little v. Iverson

    District Court, E.D. Arkansas · Feb 4, 2025

    immunity. … ’ Motion for Summary Judgment be granted on that basis,4 it not necessary to reach the qualified immunity issue.

    Cited 0 timesUnknown

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