Case law

Leslie Rutledge, Individually and as Attorney General of the State of Arkansas v. Pratt Cates Remmel, Jr. Gale Stewart Glen Hooks Robert B Leflar Elaine Dumas Michael B. Dougan Harvey Joe Sanner And Jackie Simpson

2022 Ark. 86 · Supreme Court of Arkansas · Apr 14, 2022

None of the facts and legal allegations established that the Attorney General exceeded any legal authority. Part B. … When determining whether State officers are entitled to statutory immunity, we have traditionally been guided by the standard used for qualified-immunity claims in federal civil rights actions. Banks v.

Leslie Rutledge, Individually and as Attorney General of the State of Arkansas v. Pratt Cates Remmel, Jr. Gale Stewart Glen Hooks Robert B Leflar Elaine Dumas Michael B. Dougan Harvey Joe Sanner And Jackie Simpson

2022 Ark. 86 · Supreme Court of Arkansas · Apr 14, 2022

None of the facts and legal allegations established that the Attorney General exceeded any legal authority. Part B. … When determining whether State officers are entitled to statutory immunity, we have traditionally been guided by the standard used for qualified-immunity claims in federal civil rights actions. Banks v.

Northport Health Services, Inc. v. Owens

356 Ark. 630 · Supreme Court of Arkansas · Apr 8, 2004

Qualified Immunity We first address Northport’s and Unkel’s claim that they were required to report abuse under Arkansas law and, thus, were entitled to qualified immunity for all such reports. … The Long-Term Care Act clearly establishes the State’s public policy of protecting adults in long-term care facilities from abuse and neglect.

Carter v. Bush

296 Ark. 261 · Supreme Court of Arkansas · Jul 18, 1988

Gray, supra, we qualified the holding in Carter by stating that this statute is a grant of immunity, expressing disapproval of language in the Carter v. … The trial court noted, correctly, that while Bush and Collard are immune from tort liability as state employees, it is a qualified -immunity and suit can be maintained against an employee to the extent the employee is protected

Arkansas River Education Service Cooperative v. Modacure

371 Ark. 466 · Supreme Court of Arkansas · Nov 8, 2007

Although the tentative geographic boundaries of co-ops are established by the Department of Education, 75% of the school districts in a proposed co-op must request formation of the co-op by formal resolutions. … Clearly, the growth, utilization, and maintenance of the co-op stems from the participating school districts and, as an entity, the co-op is comparable to a school district. Ozarks Unlimited Res. Co-op., Inc. v.

Ouachita Wilderness Institute v. Mergen

329 Ark. 405 · Supreme Court of Arkansas · Jul 14, 1997

The evidence clearly establishes, as a matter of law, there was an intervening cause which caused the damages to Plaintiffs vehicle. … Section 16-6-104(c) provides that while a qualified volunteer is entitled to immunity, “[n]othing in this chapter shall be construed to Emit the liability of any volunteer agency.”

Arkansas Motor Vehicle Commission v. Cantrell Marine, Inc.

305 Ark. 449 · Supreme Court of Arkansas · May 13, 1991

Hill, 233 Ark. 59 , 342 S.W.2d 657 (1961), we held that “[t]he rule is well established that a litigant must exhaust his administrative remedies before instituting litigation to challenge the action of the administrative … Failure on the part of Cantrell Marine to seek a hearing before the Commission with respect to the Director’s action was clearly a failure to exhaust its administrative remedies. Dixie Downs, Inc. v.

Charles Blackburn v. the Lonoke County Board of Election Commissioners Matthew Brown, Mickey "stubby" Stumbaugh, and Dan Stowers, in Their Official Capacities as Members of the Election Commission Dawn Porterfield, in Her Official Capacity as Lonoke County Clerk Doug Irwin Norman Walker And John Thurston, in His Official Capacity as Arkansas Secretary of State

652 S.W.3d 574 · Supreme Court of Arkansas · Oct 6, 2022

Further, he cites no specific law or precedent establishing authority for him to proceed in an original action under the circumstances he sets forth. … We extend sovereign immunity to state employees sued in their official capacities. Banks v. Jones, 2019 Ark. 204, at 3, 575 S.W.3d 111, 114.

Chambers v. Stern

338 Ark. 332 · Supreme Court of Arkansas · Jul 8, 1999

I agree with the majority court that judicial immunity can be extended to a qualified therapist and that the issue of judicial immunity is an issue of law. … Stern absolute immunity. Therefore, I respectfully dissent.

Benton School District; Lori Bacon, in Her Individual and Official Capacity; And Lita Gattis, in Her Individual and Official Capacity v. Brandi Greer

2026 Ark. 53 · Supreme Court of Arkansas · Mar 12, 2026

Gattis on qualified-immunity grounds. The court also reaffirmed its ruling that both are immune from liability on the ACRA individual-capacity claims except to the extent of any applicable insurance coverage. … Gattis on qualified-immunity grounds.17 The court also reaffirmed its ruling that both are immune from liability on the ACRA individual- capacity claims except to the extent of any applicable insurance coverage.

Gentry v. Robinson

361 S.W.3d 788 · Supreme Court of Arkansas · Dec 17, 2009

^Clearly, Robinson’s “proof’ fell far short of meeting this standard. … At issue in Pace was a question of qualified immunity for a municipal police officer in his individual capacity, while the present case presents a question of statutory immunity for a county official acting in his official

Short v. Westark Community College

347 Ark. 497 · Supreme Court of Arkansas · Jan 31, 2002

, and to propose the creation of the district to the qualified voters in the proposed district, who then may vote to create the district. … Clearly, here the State is not the moving party seeking specific relief. Therefore, unless the legislature has waived immunity, both the constitutional and statutory guarantees of immunity stand.

J. David John v. Martin T. Faitak, ph.D.

594 S.W.3d 871 · Supreme Court of Arkansas · Mar 12, 2020

But we do have jurisdiction to decide whether, assuming that all of the facts alleged by Kahle are true, Malone is entitled to qualified immunity as a matter of law.”). … Faitak’s alleged conspiracy to broker a settlement, I must note that any such attempt was clearly unsuccessful. Moreover, the circuit court’s order stated that the monthly mediation sessions with Dr.

Hale v. State

336 Ark. 345 · Supreme Court of Arkansas · Feb 11, 1999

that their evidence is not tainted by establishing that they had an independent, legitimate source for the disputed evidence. … For these reasons, we cannot say that the trial court’s finding that the state proceeding was independent from the federally immunized testimony, and the evidence derived therefrom, is clearly erroneous.

Arkansas Highway Police, a Division of the Arkansas State Highway and Transportation Department v. Raunona Mays

2026 Ark. 57 · Supreme Court of Arkansas · Apr 9, 2026

In her complaint, Mays alleges specific facts that establish a prima facie case of discriminatory employment. … Instead, it establishes a selective regime of amenability: the State may be sued for some state claims, but not other similar federal claims.

Tabor v. State

333 Ark. 429 · Supreme Court of Arkansas · Jun 4, 1998

It is evident from the record in this case that Appellant does not qualify for immunity under either of the two foregoing statutes. … Here, however, Appellant has not even established that there ever was an immunity agreement between himself and the Boone County prosecutor.

ACW, INC. v. Weiss

329 Ark. 302 · Supreme Court of Arkansas · Jun 30, 1997

XVI, § 13, and asked for refunds, injunctive relief, and the establishment of a common fund. … To the contrary, the public policy of our state clearly favors sustaining public schools and defraying necessary expenses of government.

Nelson v. Stubblefield

308 S.W.3d 586 · Supreme Court of Arkansas · May 7, 2009

Ber-nards pled charitable immunity at a later time. Prior to trial, St. … Bernards waived its charitable-immunity defense.

Dayong Yang v. City of Little Rock

575 S.W.3d 394 · Supreme Court of Arkansas · May 30, 2019

State employees have qualified immunity from suit under section 1983 similar to the immunity that applies to them under Arkansas law. Id. , 436 S.W.3d 141 . … Courts evaluating a claim of immunity must determine whether the plaintiff has alleged the deprivation of an actual constitutional right and, if so, whether that right was clearly established at the time of the alleged violation

McLemore v. Weiss

427 S.W.3d 56 · Supreme Court of Arkansas · Apr 18, 2013

Regarding the State’s sovereign immunity argument, the trial court found that § 24-6-205 provided “a limited waiver of sovereign immunity.” … The fact that the allowance was reportable for tax purposes does not automatically qualify it as salary or payroll.