Case law

Opinion No.

Arkansas Attorney General Reports · Aug 6, 1997

The fire protection district board members may be entitled to immunity under the provisions of A.C.A. § 21-9-301 , which creates immunity for various political subdivisions. … These provisions clearly place the responsibility for establishing the chief's duties within the discretion of the fire protection district board. See also Op. Att'y Gen. No. 96-392 .

Opinion No.

Arkansas Attorney General Reports · Jan 23, 1992

With regard to your fourth question, it must be noted that counties generally enjoy tort immunity under state law. See A.C.A. § 21-9-301 (Cum. Supp. 1991). … Under this provision, the county itself is accorded no immunity from suit and individual officers are entitled to only qualified immunity. See generally, Anderson v. Creighton, 483 U.S. 635 (1987).

Opinion No.

Arkansas Attorney General Reports · Mar 18, 1992

It should also be noted that the Youth Services Board, as an establishment of state government, will be entitled to the immunity granted by Arkansas Constitution, art 5 , § 20 . … Different consideration, however, will apply in federal court, where "qualified immunity" is the rule. See e.g. Fogle v. Benton County Scan, 665 F.Supp. 729 (W.D. Ark 1987).

Opinion No.

Arkansas Attorney General Reports · Apr 18, 2006

MSHS operates in accordance with standards established by the Division and is subject to overall control by the Division. … In enacting A.C.A. § 4-35-105 , the legislature clearly contemplated the possible conversion of an entire private nonprofit corporation into a public rehabilitative services corporation.

Opinion No.

Arkansas Attorney General Reports · Dec 28, 1999

The term "public body" has been consistently applied in the Code to entities that appear clearly to qualify as "units of government." … Court concluded that the AEA and the ATA were private organizations, rather than agencies of the state, and that any use of tax dollars to fund its members' retirement offended the Arkansas Constitution's privileges and immunities

Opinion No.

Arkansas Attorney General Reports · Jan 10, 2003

Once federal immunity from taxation is established, Congress must express any waiver of that immunity as a "clear, express, affirmative desire." Federal Reserve Bank of St. Louis, supra. … In response to your question, then, I believe federal land banks are clearly exempt from personal property tax on "furniture, fixtures and equipment owned by them and located within the local office."

Opinion No.

Arkansas Attorney General Reports · Nov 28, 2011

With respect to your fifth question, a district superintendent is cloaked with a qualified immunity from tort liability in the conduct of district affairs unless the conduct was "intentional" in the legal sense of that term … Individual board members are cloaked from tort liability by the qualified immunity discussed in my response to your previous question.

Opinion No.

Arkansas Attorney General Reports · Nov 1, 2001

" conduct of the sort required to establish liability. … Section 18-11-305 of the Code affords a landowner the following qualified immunity from liability to recreational users of his property: Except as specifically recognized by or provided in 18-11-307 [imposing liability for

Opinion No.

Arkansas Attorney General Reports · Jul 6, 2000

My inquiries have revealed that Kensett's "officially organized volunteer fire department" was established in 1964 by Ordinance No. 114 (the "Ordinance"). … , 609-10 , 940 S.W.2d 457 (1997): Under Arkansas law, there is a presumption that parties contract only for themselves, and a contract will not be construed as having been made for the benefit of third parties unless it clearly

Opinion No.

Arkansas Attorney General Reports · Apr 30, 2008

THE TIME THE ALIEN APPLIES FOR, RECEIVES, OR ATTEMPTS TO RECEIVE A STATE OR LOCAL PUBLIC BENEFIT OR A FEDERAL PUBLIC BENEFIT ADMINISTERED BY A STATE AGENCY OR POLITICAL SUBDIVISION, MEETS ONE (1) OR MORE OF THE CRITERIA ESTABLISHED … under penalty of perjury that he or she is a: (A) United States citizen or (B) Qualified alien."

Opinion No.

Arkansas Attorney General Reports · Oct 28, 1999

Because the drafters of this legislation obviously were aware that the described emergency care or treatment could be rendered by persons who receive compensation from some other source, they clearly did not intend for the … See, e.g., Citizens to Establish a Reform Party v. Priest, 325 Ark. 257 , 926 S.W.2d 432 (1996); Henson v. Fleet Mtg. Co., 319 Ark. 491 , 892 S.W.2d 250 (1995).

Opinion No.

Arkansas Attorney General Reports · Dec 13, 1996

The reason for this disinclination is that although it is undisputed that some patients have adverse reactions to particular vaccines, it is also well-established that most patients will not have an adverse reaction to all … Clearly, the Department can more effectively uphold its public health duty by issuing narrowly-tailored exemptions, rather than very general ones that would preclude even non-harmful immunizations.

Opinion No.

Arkansas Attorney General Reports · Oct 11, 2002

To qualify for designation, such agent shall reside or maintain a place of business within the limits of Pulaski County, Arkansas." … In my opinion, an ordinance requiring an out-of-state property owner to designate a county resident as his agent for service of process is clearly permissible under this standard.

Opinion No.

Arkansas Attorney General Reports · Oct 14, 2009

BY A STATE AGENCY OR POLITICAL SUBDIVISION; PROVIDING THAT VERIFICATION OF LAWFUL PRESENCE SHALL NOT BE REQUIRED FOR EMERGENCY MEDICAID, FOR SHORT-TERM, IN-KIND EMERGENCY DISASTER RELIEF, FOR PUBLIC HEALTH ASSISTANCE FOR IMMUNIZATIONS … 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."

Opinion No.

Arkansas Attorney General Reports · Aug 17, 1994

As for any federal claim that might arise in the civil context, it should be noted that public officers and employees are generally entitled to qualified immunity in the federal courts. See Fogel v. … Ark. 1987). 5 In previous opinions issued by this office, it was stated that the law pertaining to records of the ACIC qualify as a specific exmeption to the open records provisions of the FOIA. See Ops. Att'y Gen.

Opinion No.

Arkansas Attorney General Reports · Feb 7, 1997

. § 19-10-305 , which grants general immunity to state officers and employees. … No. 92-158 discusses the immunity granted by A.C.A. § 8-6-807 ; A.C.A. § 19-10-305 ; and A.C.A. § 21-9-301 .

Opinion No.

Arkansas Attorney General Reports · Dec 17, 2007

Rather it establishes the framework of government with such specific restraints as are thought to be of eternal value and hence worthy of immunity from passing differences of opinion. … In my opinion, precluding only constitutional officers from engaging in such dual employment would clearly pass a rational-basis analysis.

Opinion No.

Arkansas Attorney General Reports · Jun 9, 2005

My predecessor therefore concluded that: "[t]his statute clearly authorizes those charged with the duty to investigate reports of suspected child abuse to have access to students upon school property for purposes of conducting … Sincerely, MIKE BEEBE Attorney General MB: ECW/cyh 1 The requester inquired about parental rights under 20 U.S.C. § 1232g , the "Family Educational Rights and Privacy Act." 2 For a more recent case involving qualified immunity

Opinion No.

Arkansas Attorney General Reports · Apr 4, 2003

That act provided that the motor vehicle fuel tax in border cities would be the same rate as in the adjoining state, not to exceed a rate established in the act. … Other border cities (such as West Memphis) did not qualify for the benefit, because they were not divided from the adjoining state by a street state line.

Opinion No.

Arkansas Attorney General Reports · Apr 9, 1992

Clearly, the Department, as a party, would have standing to enforce the contract. … It must be to enforce the performance of a legal right after it has been established, and not to establish a right. Wells v. Purcell, 267 Ark. 456 , 592 S.W.2d 100 (1979).