Case law

Opinion No.

Arkansas Attorney General Reports · Oct 31, 1995

"clearly established" at the time the action was taken. … Although the applicability of 42 U.S.C. § 1983 may depend upon the particular facts, if applicable, it appears that qualified immunity may not operate to immunize the action of purchasing a van for school use when "clearly

Opinion No.

Arkansas Attorney General Reports · Jun 15, 1989

violates clearly established law which a reasonably person would have know. … If the defendant is a state officer, qualified immunity is afforded, and the officer will only be liable if his or her conduct violates a clearly established law of which a reasonable person would have been aware. 2 If the

Opinion No.

Arkansas Attorney General Reports · Jul 6, 1993

of a qualified volunteer." … Creighton, 483 U.S. 635 (1987), (stating that the test of qualified immunity for individual officers turns upon the "objective legal reasonableness of the action" assessed in light of the legal rules that were "clearly established

Opinion No.

Arkansas Attorney General Reports · Apr 18, 2011

LIMITED IMMUNITY; ALLOWING LOCALITIES TO LIMIT THE NUMBER OF NONPROFIT DISPENSARIES AND TO ENACT REASONABLE ZONING REGULATIONS GOVERNING THEIR OPERATIONS; PROVIDING THAT QUALIFYING PATIENTS, THEIR *Page 2 DESIGNATED CAREGIVERS … A SYSTEM FOR THE CULTIVATION, ACQUISITION AND DISTRIBUTION OF MARIJUANA FOR QUALIFYING PATIENTS THROUGH NONPROFIT MEDICAL MARIJUANA DISPENSARIES AND GRANTING THOSE NONPROFIT DISPENSARIES LIMITED IMMUNITY; ALLOWING LOCALITIES

Opinion No.

Arkansas Attorney General Reports · Aug 31, 1988

A right, power, franchise or immunity held by a person or class, against or beyond the course of law. … Such an intent could easily have been clearly expressed.

Opinion No.

Arkansas Attorney General Reports · Sep 8, 2004

Under the doctrine of qualified immunity, an individual is immune from suit if the actions complained of were taken in good faith in the performance of one's duties, and the acts do not violate any clearly established constitutional … The immunity is "qualified" because it does not obtain where the activity is in violation of clearly established law that a reasonable person would have known. Fegans v.

Opinion No.

Arkansas Attorney General Reports · Oct 14, 2004

You do not indicate in your question whether the students' injuries may have resulted from the negligence of a school district official or employee, in which case under Arkansas law the qualified immunity set forth at A.C.A … Code Ann. 6-17-1113 to authorize and direct ADE to establish a self-insurance fund or procure insurance policies to insure school district employees against acts or omissions from which they have not traditionally been immune

Opinion No.

Arkansas Attorney General Reports · Nov 18, 2002

The test for the applicability of qualified immunity turns upon the "objective legal reasonableness of the action," assessed in light of legal rules that were "clearly established" at the time the action was taken. … The immunity is "qualified" because it does not obtain where the activity is in violation of clearly established law that a reasonable person would have known. Robinson v.

Opinion No.

Arkansas Attorney General Reports · Dec 8, 1988

Subsection (1) of 16-6-103 (Supp. 1987), the definitional section of the Volunteer Immunity act, defines a "qualified volunteer" as: any person who, if free will, provides goods or services without financial compensation … As noted earlier, that act does not apply to agencies "established principally for the recreational benefit of its stockholders or members." A.C.A. 16-6-103 (2).

Opinion No.

Arkansas Attorney General Reports · Jun 29, 2004

Additionally, a taxpayer has the burden of establishing the right to an exemption beyond a reasonable doubt. Pledger v. Baldor Int'l., Inc., 309 Ark. 30 , 33 , 827 S.W.2d 646 (1992). … Our federal government is immune from taxation imposed by the state, unless that immunity is waived, explicitly or expressly, by a statutory waiver of that immunity. [Citations omitted.] State v.

Opinion No.

Arkansas Attorney General Reports · Dec 7, 2005

Const. art. 9 , § 3 provides any owner of a homestead with a qualified immunity from creditors' claims made against the property. With respect to your first question, see the attached Ark. Op. … For purposes of the Amendment 79 exemptions, the subsequently enacted A.C.A. § 26-26-1122 (a)(1) establishes that the grantor/beneficiary of a revocable trust would qualify for the exemption.

Opinion No.

Arkansas Attorney General Reports · Jan 9, 2001

Such a result clearly violates the spirit of Rule 408. The scenario just recited may have been played out in Lake View. … Sovereign immunity is clearly a concept grounded in "fixed public policy," not "court administration." Moreover, it is a concept the Supreme Court has repeatedly recognized as subject solely to legislative modification.

Opinion No.

Arkansas Attorney General Reports · Oct 10, 1995

Moreover, the official who decided to release the records will not be held liable if that decision was merely negligent, and he or she may also be able to assert qualified immunity. … . § 19-10-305 (a) (Repl. 1994). 3 The test of "qualified immunity" for individual officers turns upon the "objective legal reasonableness of the action" assessed in light of the legal rules that were "clearly established"

Opinion No.

Arkansas Attorney General Reports · Jun 9, 2003

. § 14-78-108 provides qualified immunity for municipal officials for conduct taken without "corrupt intent" in connection with an Amendment 78 loan. … Although I consider this qualified immunity as affording a great deal more than "cold comfort," I am not prepared to opine that it entails immunity from any and all "other accounting, budgeting and fiscal responsibility laws

Opinion No.

Arkansas Attorney General Reports · Apr 25, 1989

It is my opinion that both positions enjoy qualified immunity; meaning that both are immune from suit when sued in their official capacities for acts committed in the performance of their official duties. … The immunity is qualified because it does not obtain where the activity is in violation of clearly established law which a reasonable person would have known. Matthews v.

Opinion No.

Arkansas Attorney General Reports · Jan 17, 2006

nor shall it have the benefit of the doctrine of sovereign immunity. … In my opinion, this arrangement is clearly not a simple purchase agreement but rather a joint undertaking of the sort that qualifies as an interlocal agreement requiring my approval pursuant to A.C.A. § 25-20-104 (f).

Opinion No.

Arkansas Attorney General Reports · Mar 6, 2006

nor shall it have the benefit of the doctrine of sovereign immunity. … In my opinion, this arrangement is clearly not a simple purchase agreement but rather a joint undertaking of the sort that qualifies as an interlocal agreement requiring my approval pursuant to A.C.A. § 25-20-104 (f).

Opinion No.

Arkansas Attorney General Reports · Feb 22, 2008

I should note, however, that the pre-2007 Good Samaritan Act clearly extended beyond the scope of common law the scope of protection to "a physician or surgeon who in good faith and without compensation rendered voluntary … Although subsection (a) might be read as subjecting a treating individual to liability simply if he acts unreasonably in rendering care, subsection (c) qualifies this conclusion by suggesting that the immunity will apply

Opinion No.

Arkansas Attorney General Reports · May 7, 2008

In addition, following Arkansas Supreme Court precedent, this office will not address the constitutionality of proposed measures in the context of a ballot title review unless the measure is "clearly contrary to law." … ALIEN SHALL BE VERIFIED THROUGH THE SYSTEMATIC ALIEN VERIFICATION FOR ENTITLEMENTS PROGRAM OPERATED BY THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY; ESTABLISHING A PRESUMPTION OF ELIGIBLITY BASED UPON SUCH AFFIDAVIT

Opinion No.

Arkansas Attorney General Reports · Nov 20, 1998

App. 295 , 637 A.2d 482 (1994) (special masters and trustees appointed to determine marital property and debts performed discretionary judicial functions and were therefore entitled to at least qualified judicial immunity … These actions clearly involve the exercise of discretion, and Rule 53 of the Arkansas Rules of Civil Procedure grants special masters extensive judicial powers.