Case law

Malik Muntaqim, Adc No. 088633 v. Dexter Payne, Director, Arkansas Division of Correction

2024 Ark. App. 455 · Court of Appeals of Arkansas · Sep 25, 2024

Sovereign and Qualified Immunity Sovereign immunity for the State of Arkansas arises from an express declaration in article 5, section 20 of the Arkansas Constitution. Muntaqim, 2022 Ark. … Under this analysis, a state official is entitled to qualified immunity unless (1) the plaintiff has alleged facts that demonstrate the deprivation of an actual constitutional right, and (2) the right was clearly established

Guidry v. Harp's Food Stores, Inc.

66 Ark. App. 93 · Court of Appeals of Arkansas · Mar 24, 1999

The qualified-immunity defense protects all but the plainly incompetent or those who knowingly violate the law. Id. The issue for immunity purposes is not probable cause in fact, but arguable probable cause. Id. … Appellant’s state law claims would not be subject to the same analysis used by the federal court in determining Jones’s entidement to qualified immunity.

MARZIALE v. BROWN

Court of Appeals of Arkansas · Oct 8, 2025

This is known as statutory immunity. To determine whether a state actor is entitled to statutory immunity, “the court has traditionally been guided by the federal standard for qualified immunity.” Koontz v. … Therefore, Brown “is entitled to qualified immunity unless (1) [appellants have] alleged facts that demonstrate the deprivation of an actual constitutional right, and (2) the right was clearly established at the time of

Myers v. Yamato Kogyo Co.

578 S.W.3d 296 · Court of Appeals of Arkansas · May 29, 2019

be a principal or stockholder of an immune employer. … Strict construction is narrow construction and requires that nothing be taken as intended that is not clearly expressed. Id.

In re Ruby G. Owen Trust

2012 Ark. App. 381 · Court of Appeals of Arkansas · Jun 13, 2012

We have stated repeatedly that we would not reverse a finding by a trial court in an equity case unless it was clearly erroneous. Id. … The trial court denied the modification, finding, among other things, that it would only permit the family to immunize itself financially from reimbursing the state for the beneficiary’s medical care. Id.

Green v. City of North Little Rock

2012 Ark. App. 21 · Court of Appeals of Arkansas · Jan 4, 2012

Green further asserted that the City was not entitled to any kind of qualified immunity. … A motion for summary judgment based on qualified immunity is precluded only when the plaintiff has asserted a | ^constitutional violation, has demonstrated the constitutional right is clearly established, and has raised a

Johnson v. Arkansas Steel Erectors

2009 Ark. App. 755 · Court of Appeals of Arkansas · Nov 11, 2009

, we stated that Sierra was a “persona” of Gardner and therefore also immune. … “Personas” cannot be employed independently in order to establish immunity from third-party actions. Rather, the existence of a “persona” relationship must be analyzed in the context of an employment relationship.

Young v. Blytheville School District

2013 Ark. App. 50 · Court of Appeals of Arkansas · Jan 30, 2013

This immunity is qualified; section 21-9-301 does not provide immunity for the intentional torts of school districts and their employees, only their negligent acts. Deitsch v. … Generally, an isolated incident is insufficient to establish such a policy or custom. Repking, supra.

St. Bernard's Community Hospital Corporation D/B/A Crossridge Community Hospital v. Terry Cheney, in His Capacity as Special Administrator of the Estate of Sandra Cheney, Deceased; Charles King Bibby, M.D.; Wynne Medical Clinic, P.A.; James Donald Cathey, M.D.; Zachary Lloyd Stevenson, M.D.; And Elizabeth A. Ramsey, R.N.

625 S.W.3d 398 · Court of Appeals of Arkansas · May 12, 2021

CrossRidge argues on appeal that it established entitlement to summary judgment on the basis of charitable immunity. … Clearly, summary judgment is even less appropriate when there are disputed issues of material fact.

Progressive Eldercare Services-Saline, Inc. v. Cauffiel

508 S.W.3d 59 · Court of Appeals of Arkansas · Nov 2, 2016

Progressive first asserts that “undisputed facts” established its entitlement to charitable immunity as a matter of law under the Masterson factors. … In resolving this issue, however, it is important to keep in mind that AEO, not appellant, bore the burden of establishing its right to summary judgment; that the charitable-immunity doctrine is to be narrowly construed;

Michael Talley; Jonesboro Police Department; And City of Jonesboro, Arkansas v. Carolyn Johnson, Michael Johnson, and Hailey Johnson (Now Boyd)

2026 Ark. App. 177 · Court of Appeals of Arkansas · Mar 11, 2026

Talley argues further that the trial court erred in denying him qualified immunity. … . § 21-9-301 and again asserted that they were entitled to tort immunity for any damages in excess of the statutory limit established by Ark. Code Ann. § 21-9-303.

Martin v. Smith

560 S.W.3d 787 · Court of Appeals of Arkansas · Sep 26, 2018

The appointment of the person in charge is clearly an integral part of the CRO-release process. Here, it is clear that Dr. … Yet performing a traditional judicial function is *793 the polestar in determining whether someone qualifies for judicial immunity. E.g. , Cleavinger v.

Finch v. Carroll Cnty. Ark.

445 S.W.3d 535 · Court of Appeals of Arkansas · Oct 22, 2014

Appellees answered the amended complaint and pled defenses of qualified immunity, punitive-damages immunity, sovereign immunity, justification, mootness, set-off, comparative fault, failure to mitigate, assumption of risk … Once a moving party establishes a prima facie entitlement to the summary judgment by affidavits, depositions, or other supporting documents, the opposing party must meet proof with proof and demonstrate the existence of

Arkansas Elder Outreach of Little Rock, Inc. v. Thompson

2012 Ark. App. 681 · Court of Appeals of Arkansas · Dec 5, 2012

|RIn this case, the third, fourth, and fifth factors are clearly the most relevant. … As we explained in Watkins, what is reasonable is usually a question of fact, and it was AEO’s burden to establish its entitlement to charitable-immunity status.

Carnell v. Arkansas Elder Outreach of Little Rock, Inc.

2012 Ark. App. 698 · Court of Appeals of Arkansas · Dec 12, 2012

In this case, the third, fourth, and fifth factors are clearly the most relevant. … As we explained in Watkins, what is reasonable is usually a question of fact, and it was AEO’s burden to establish its entitlement to charitable-immunity status.

Camden Progressive Eldercare Services, Inc. v. Sheila Whitney, as Personal Representative of the Estate of Lillie Whitney

646 S.W.3d 374 · Court of Appeals of Arkansas · May 18, 2022

In his affidavit, Harrington stated: Most Ouachita Nursing residents qualify for Medicare or Medicaid coverage, but Ouachita Nursing still provided free care to residents who did not qualify for Medicare … If the existence of charitable immunity turns on disputed factual issues, then the jury may determine the facts and the circuit court will subsequently determine whether those facts are sufficient to establish

Neal v. Davis Nursing Ass'n

470 S.W.3d 281 · Court of Appeals of Arkansas · Sep 16, 2015

The sole issue on appeal is whether the trial court properly concluded that Davis was immune from suit. … Davis failed to establish that forgiving uncollectable debt is equivalent to providing free services.

Watkins v. Arkansas Elder Outreach of Little Rock, Inc.

2012 Ark. App. 301 · Court of Appeals of Arkansas · May 2, 2012

In this case, the third, fourth, and fifth factors are clearly the most relevant. … Neither fact was established in the ease at bar.

Camden - Progressive Eldercare Services, Inc., D/B/A Ouachita Nursing & Rehabilitation Center v. Glen Robinson, as Personal, Representative of the Estate of Birdie Thompson, and on Behalf of the Wrongful Death Beneficiaries of Birdie Thompson

2025 Ark. App. 562 · Court of Appeals of Arkansas · Nov 19, 2025

Harrington explained: Most Ouachita Nursing residents qualify for Medicare or Medicaid coverage, but Ouachita Nursing still provided free care to residents who did not qualify for Medicare or Medicaid … If the existence of charitable immunity turns on disputed factual issues, then the jury may determine the facts, and the circuit court will subsequently determine whether those facts are sufficient to establish

Davis Nursing Ass'n v. Neal

560 S.W.3d 485 · Court of Appeals of Arkansas · Sep 19, 2018

The evidence also established that Neal was required to sign a personal guarantee for all obligations of Mr. Newborn pursuant to this agreement. … And it is another reason why I am increasingly persuaded that courts, not juries, should decide the immunity question while using a fair, clearly defined, and more efficient process.