Case law

Opinion No.

Arkansas Attorney General Reports · Apr 12, 2006

In federal court, the county may be able to claim "qualified immunity." … Qualified immunity applies to the actions of individual officers and employees who undertook the performance of their governmental duties in good faith and whose actions did not violate a clearly established constitutional

Opinion No.

Arkansas Attorney General Reports · Jun 19, 1992

Records of payroll and wage rates maintained by the department would generally be subject to disclosure unless the entity seeking nondisclosure can establish that the information falls within the exception to the FOIA for … Thus, the Arkansas Constitution provides for sovereign immunity and A.C.A. § 19-10-305 provides for immunity of officers and employees of the state.

Opinion No.

Arkansas Attorney General Reports · May 18, 2007

Const. art. 5 , § 22 , or whether you also intend to dispense with the statutorily mandated limited and qualified immunity enjoyed by state employees. … I will further note that qualified immunity is a matter of preemptive federal law, meaning that a reviewing court might well conclude that such immunity cannot be withheld by state constitutional amendment.

Opinion No.

Arkansas Attorney General Reports · Apr 14, 1988

It should be noted, for instance, that provision is made under A.C.A. 14-284-208 (a) for the qualified voters of the district proposed thereunder to vote on the establishment of the district and the levy of assessed benefits … Authority to establish subordinate service districts is found in A.C.A. 14-14-708 — 711.

Opinion No.

Arkansas Attorney General Reports · Mar 30, 2011

LIMITED IMMUNITY; ALLOWING LOCALITIES TO LIMIT THE NUMBER OF NONPROFIT DISPENSARIES AND TO ENACT REASONABLE ZONING REGULATIONS GOVERNING THEIR OPERATIONS; *Page 2 PROVIDING THAT QUALIFYING PATIENTS THEIR DESIGNATED CAREGIVERS … QUALIFICATIONS FOR REGISTRY IDENTIFICATION CARDS; ESTABLISHING STANDARDS TO ENSURE THAT QUALIFYING PATIENT AND DESIGNATED CAREGIVER REGISTRATION INFORMATION IS TREATED AS CONFIDENTIAL; DIRECTING THE DEPARTMENT OF HEALTH

Opinion No.

Arkansas Attorney General Reports · May 9, 2001

As noted above, extending the executive veto to separable provisions of an appropriation bill has been viewed as necessary to prevent the legislature from immunizing such provisions from veto. … The approval requirement clearly qualifies or restricts the use of the funds appropriated under the bill.

Opinion No.

Arkansas Attorney General Reports · Feb 25, 2011

Title AN ACT MAKING THE MEDICAL USE OF MARIJUANA LEGAL AND ESTABLISHING A SYSTEM FOR THE CULTIVATION AND DISTRIBUTION OF MARIJUANA FOR PATIENTS THROUGH NONPROFIT MEDICAL MARIJUANA DISPENSARIES; PROVIDING THAT QUALIFYING … The definition is clearly meaningless in part and necessarily ambiguous. 3.

Opinion No.

Arkansas Attorney General Reports · May 23, 2001

The complete immunity from suit referenced in the last sentence of this passage was somewhat qualified by Act 292 of 1993, which amended A.C.A. § 21-9-301 to read as follows: It is declared to be the public policy of the … The foregoing establishes only that a city must make reasonable efforts to ensure the safety of its residents.

Opinion No.

Arkansas Attorney General Reports · Mar 12, 2004

MARIJUANA PROVIDER, AND WHEN SO ACQUIRING THE QUALIFYING PATIENT WILL HAVE THE IMMUNITY FROM ARREST, PROSECUTION OR OTHER PENALTY AS SPECIFIED IN THE ACT; A QUALIFYING PATIENT MAY HAVE NO MORE THAN ONE MARIJUANA PROVIDER … PATIENT FROM ACQUIRING MARIJUANA FROM SOMEONE OTHER THAN HIS OR HER REGISTERED MARIJUANA PROVIDER, AND WHEN SO ACQUIRING THE QUALIFYING PATIENT WILL HAVE THE IMMUNITY FROM ARREST, PROSECUTION, OR OTHER PENALTY AS SPECIFIED

Opinion No.

Arkansas Attorney General Reports · Aug 19, 1987

Nor would the peer review committee in question qualify as a "professional services review organization appointed pursuant to state or federal statute." … Bracy, 744 F.2d 1338 (8th Cir. 1984) does reflect one instance in which 71-5101 was raised as a basis for qualified immunity.

Opinion No.

Arkansas Attorney General Reports · Dec 16, 2004

Section 16-55-101 (Repl. 1999) further affords qualified tort immunity to any volunteer firefighter serving a privately organized fire department. … Section 20-22-808 (Repl. 2000) likewise affords qualified tort immunity to any certified fire department.

Opinion No.

Arkansas Attorney General Reports · Mar 12, 2001

Controlling noise pollution, air pollution and traffic congestion clearly qualifies as a legitimate state objective, and the statute at issue is just as clearly rationally related to achieving that end. … This nondiscriminatory legislation does not implicate the privileges and immunities clause. Assistant Attorney General Jack Druff prepared the foregoing opinion, which I hereby approve.

Opinion No.

Arkansas Attorney General Reports · May 20, 1998

I will note, however, that board members may be entitled to limited immunity in certain instances under the provisions of A.C.A. § 16-120-102 or A.C.A. § 19-10-305 . … Again, though, the question of whether these statutory grants of limited immunity will be applicable will depend upon the nature of the violation in question.

Opinion No.

Arkansas Attorney General Reports · Feb 22, 2002

The term "public body" has been consistently applied in the Code to entities that appear clearly to qualify as "units of government." … In my opinion, again assuming the constitutionality of the Act, a water authority clearly qualifies as a "public employer," and employee salaries paid from bond revenues and rate collections likewise qualify as "funds appropriated

Opinion No.

Arkansas Attorney General Reports · Apr 18, 2008

Under current law, only ADFA has the authority to acquire qualifying single family mortgage loans in Arkansas.[ 1 ] While the PFB could refund the prior bonds, it cannot, on its own, utilize the refundings to generate new … In my opinion, the Agreement would consequently be immune from constitutional challenge under this provision. 4 Subsection 25-20-103 (1)(B) of the Arkansas Code (Supp. 2007) provides in pertinent part: As used in this chapter

Opinion No.

Arkansas Attorney General Reports · Oct 23, 1991

Supp. 1991), clearly contemplate appointment and promotion to department positions being made on the basis of competetive examination. Even a "lateral transfer" would, in my opinion, constitute an appointment. … Finally, it should be noted that because civil service rights are not clearly established rights under the federal constitution, officers violating those rights are entitled in their individual capacities to qualified immunity

Opinion No.

Arkansas Attorney General Reports · Jan 18, 2008

Under current law, only ADFA has the authority to acquire qualifying single family mortgage loans in Arkansas. 1 While the PFB could refund the prior bonds, it cannot, on its own, utilize the refundings to generate new loans … The ADFA is clearly an agency of state government. The PFB is further an arm of the county, see A.C.A. § 14-137-106 (Repl. 1998), and hence a political subdivision of the state.

Opinion No.

Arkansas Attorney General Reports · Jul 10, 1989

It may therefore reasonably be concluded that the motor vehicle qualifies as one which is "used by" the county when the auxiliary deputy is engaged in official duties. … This act establishes a State Office of Emergency Services and authorizes the creation of comparable local organizations. A.C.A. 12-75-102 and 12-75-109 .

Opinion No.

Arkansas Attorney General Reports · Dec 12, 2007

State law to my knowledge establishes no general statutory procedures governing the enforcement of covenants or other private agreements affecting the use of real property. … As "agents of the state," Quapaw Central Business Improvement District , supra , supported through local assessments, A.C.A. § 14-92-225 — 228, suburban improvement districts clearly fall within this statute.

Opinion No.

Arkansas Attorney General Reports · Apr 28, 1989

Having resolved the Department's general authority to establish such clinics under Question One above, the only remaining issue under Question Two is whether the clinic could be established without the agreement or request … There is some authority for the proposition that this immunity, however, does not obtain where the act of the employee is in violation of a clearly established law of which a reasonable person would have been aware.