Case law

Murry

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

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. … Qualified immunity is a question of law, not fact, for the court to decide. Kelsay v. Ernest, 933 F.3d 975, 981 (8th Cir. 2019).

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.

Aaron v. McKinley

173 F. Supp. 944 · District Court, E.D. Arkansas · Jun 18, 1959

ballot proposition of “For Racial Integration of All Schools Within the - School District” or “Against Racial Integration of All Schools Within the - School District”; that Act No. 4 provided that, unless a majority of the qualified … The record before us clearly establishes that the growth of the Board’s difficulties to a magnitude beyond its unaided power to control is the product of state action.

Federal Reserve Bank v. Metrocentre Improvement District 1

492 F. Supp. 353 · District Court, E.D. Arkansas · Jun 23, 1980

The Reserve Banks were established to function, and do function, primarily to serve the business and financial community and the member banks which hold all the stock. … Nonetheless, even if the FRBSL had acted within the time allotted by § 20-416, it would still not be immune from the assessment based on its exemption granted in 12 U.S.C. § 531 .

Boyles v. Blytheville Arkansas, City of

District Court, E.D. Arkansas · Jan 2, 2024

And he is entitled to qualified immunity, in any event, because he didn’t violate the plaintiffs’ clearly established constitutional rights. Kuessner v. … He is entitled to qualified immunity on the Fourteenth Amendment failure-to-protect and failure-to-train claims.

Mickens v. Correctional Medical Services, Inc.

395 F. Supp. 2d 748 · District Court, E.D. Arkansas · Aug 2, 2005

Assuming, however, that such application was made, the record evidence demonstrates that Plaintiff was not qualified for the position. … Plaintiff argues that the circumstances and timeline of when Plaintiff was denied work “clearly establish that his pardoned criminal record could not be the real reason for the actions” of CMS. (Pl.’s brief at p. 4).

Dunahue v. Kelley

District Court, E.D. Arkansas · Oct 28, 2022

The officers are not entitled to qualified immunity at this point. … The applicable law is clearly established.

Dove v. Parham

196 F. Supp. 944 · District Court, E.D. Arkansas · Aug 25, 1961

In passing on the applications for lateral transfers the Board, in accordance with its established procedures, interviewed all of the applicants and their parents and considered all relevant material before it. … that school, it does mean that the Board, which has elected to proceed under a transitional plan, must make it possible within a reasonable time for any Negro student who desires to attend Dollarway, and who is otherwise qualified

Frazier

District Court, E.D. Arkansas · Feb 19, 2026

To state individual capacity claims, Frazier must allege that Bralon’s injuries occurred when defendants, who are state actors, violated his clearly established rights. West v. … Johnson, 763 F.3d 998 (8th Cir. 2014) (to establish an ADA discrimination claim, a qualified individual with a disability must show he has suffered an adverse action as a result of the disability); Birmingham v.

Cook v. Triple Transport, Inc.

928 F. Supp. 2d 1061 · District Court, E.D. Arkansas · Mar 1, 2013

Qualified for the Position Triple Transport contends that Ms. Cook cannot establish a prima facie case because she was not qualified for the position. … Cook was objectively qualified for the position, given that she would have to pass a motor vehicle record check, a drug test, and a verification of employment records. To establish she was qualified, Ms.

Goodwin v. Cross County School District No. 7

394 F. Supp. 417 · District Court, E.D. Arkansas · Sep 11, 1973

. §§ 2201 and 2202, in declaring the rights, privileges and immunities, together with the legal relations of the parties subject to the controversy, in that the policy, custom, usage, and practice of defendants permitting … While the Free Exercise Clause clearly prohibits the use of state action to deny the rights of free exercise to anyone, it has never meant that a majority could use the machinery of the State to practice its beliefs.

Aaron v. Cooper

143 F. Supp. 855 · District Court, E.D. Arkansas · Aug 27, 1956

Blossom is a highly qualified and experienced school administrator and has given much thought and study to the myriad problems relating to integration. … They must-consider the personal rights of all qualified persons to be admitted to the free public schools as *865 soon as practicable on a nondiscriminatory basis.

Holt v. Payne

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

Capacity Defendants are entitled to qualified immunity because there is not a “clearly established” right to separate Jumu’ah prayer services or to wear a Kufi. … June 12, 2019) (no clearly established right to wear religious apparel). Consequently, Section IV. A.2. of the proposed findings and recommendations [Doc. No. 74] is adopted.

Sims v. Little Rock Plastic Surgery PA

District Court, E.D. Arkansas · Aug 5, 2020

The motion to dismiss the defamation claim based on the defense of qualified immunity is denied. Defendants also move for dismissal of the defamation claim for failure to allege each of the requisite elements. … This argument is based on the defense that Defendant’s had qualified immunity for the statements that they made.

Brown

District Court, E.D. Arkansas · Feb 5, 2026

The Saline County Defendants argue that they are entitled to qualified immunity with respect to Brown’s claims against them in their individual capacities because he cannot establish that they were deliberately … 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

Davis v. Pulaski County Arkansas

District Court, E.D. Arkansas · Jul 8, 2021

Constitution, it would still grant summary judgment to Deputy Dillard based on the second prong of the qualified immunity test. … It was not clearly established at the time of Mr.

Advanced Communications Corp. v. MCI Communications Corp.

101 F. Supp. 2d 1154 · District Court, E.D. Arkansas · May 19, 2000

It also states that there is no First Amendment immunity for illegal or fraudulent actions such as bribing governmental decision-makers. … DISCUSSION A motion for judgment on the pleadings is not properly granted unless the moving party has clearly established that no material issue of fact remains to be resolved and the party is entitled to judgment as a matter

Kenney v. Board of Trustees of University of Arkansas

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

Accordingly, the University is immune from suit except when Congress has validly abrogated the State’s sovereign immunity. Monroe v. Ark. … The other actions about which she complains do not qualify as actionable adverse employment actions.

Escovedo v. Arnold

District Court, E.D. Arkansas · Oct 23, 2023

The Court must also weigh all factual allegations in favor of the plaintiff, unless the facts alleged are clearly baseless. Denton v. Hernandez, 504 U.S. 25, 32 (1992). II. … And even if a violation was alleged, Defendants would be entitled to qualified immunity considering the current allegations. See Vandender, 970 F.3d 972, 975-978.

Ely v. DOLGENCORP, LLC

827 F. Supp. 2d 872 · District Court, E.D. Arkansas · Oct 25, 2011

The record clearly reflects, however, that removing this “mess” is exactly what Plaintiff viewed as a primary means of making a store more successful. … Whether or not Elyreferred to the manual, he was clearly required to follow it, as the Defendant admits.