Case law

Victor Bernard Williams, M.D. v. Baptist Health D/B/A/ Baptist Health Medical Center

2019 Ark. App. 482 · Court of Appeals of Arkansas · Oct 23, 2019

treatment or discriminatory intent, moreover, could have rebutted the Baptist Health appellees’ claims of statutory immunity, which are qualified by the absence of malice, see Ark. … erroneous or clearly against a preponderance of the evidence.

Eddy Arnold v. Dr. Mary Pitts, Mr. Mike Doyle, Board of Trustees of Arkansas State University, and Dr. Carl Cates

2020 Ark. App. 549 · Court of Appeals of Arkansas · Dec 9, 2020

Arnold’s complaint had stated a claim, his claims would have been barred by the doctrines of sovereign immunity as well as qualified privilege. Mr. Arnold filed a timely notice of appeal. Mr. … It is well established that we will not consider arguments not supported by convincing argument or citation to legal authority. City of Little Rock v. Nelson ex rel.

John v. Faitak

575 S.W.3d 452 · Court of Appeals of Arkansas · Apr 10, 2019

He admitted that the circuit court "clearly explained the role of [appellee] in carrying out" its orders, that "any 'position' [appellee] took was a direct result of a fair and impartial review of the information provided … Immunity was not raised in appellee's answer.

William Durden v. City of Van Buren

635 S.W.3d 342 · Court of Appeals of Arkansas · Sep 22, 2021

They argued that Durden failed to establish any constitutional violation that would support his ACRA claims because Officer Dugan had probable cause to arrest Durden, precluding any constitutional violation. … The appellees explained that Officer Dugan is entitled to qualified immunity in 2 his individual capacity as to the ACRA claims, and finally, they contended that Durden has

Marcellus v. Mays

2012 Ark. App. 304 · Court of Appeals of Arkansas · May 2, 2012

Finally, she argues that Mays has an “established pattern of deceit” that is a “significant negative influence on the child.” We find this argument unconvincing. … Significantly, with regard to the case-at-bar, the probate code clearly states that “The parents of an unmarried minor, or either of them, if qualified and, in the opinion of the court, suitable, shall be preferred over all

Byron Sartor v. Mayor Tony Cole, Individually and in His Capacity as Mayor of the City of Huttig And the City of Huttig

2023 Ark. App. 131 · Court of Appeals of Arkansas · Mar 8, 2023

On August 16, Cole and the City filed a motion for reconsideration of the denial of motion for summary judgment or in the alternative, for an express ruling on the issue of qualified immunity. … An order denying the motion for reconsideration of the denial of motion for summary judgment, or in the alternative, for an express ruling on the issue of qualified immunity was entered on October 7.

Byron Sartor v. Mayor Tony Cole, Individually and in His Capacity as Mayor of the City of Huttig And the City of Huttig

2023 Ark. App. 131 · Court of Appeals of Arkansas · Mar 8, 2023

On August 16, Cole and the City filed a motion for reconsideration of the denial of motion for summary judgment or in the alternative, for an express ruling on the issue of qualified immunity. … An order denying the motion for reconsideration of the denial of motion for summary judgment, or in the alternative, for an express ruling on the issue of qualified immunity was entered on October 7.

Fleming v. Vest

475 S.W.3d 576 · Court of Appeals of Arkansas · Nov 4, 2015

Our standard of review for summary judgment cases is well established. … On the contrary, this analysis in Thompson actually supports appellee’s contention that -the death of Scott Fleming qualified as a “medical injury” and therefore, fell under the | Kauspices of medical malpractice.

Presley v. St. Paul Fire & Marine Insurance Co.

2010 Ark. App. 367 · Court of Appeals of Arkansas · Apr 28, 2010

As his second point, appellant contends that the trial court erred in determining that he did not plead sufficient facts to establish the immunity of the hospital. … Appellant next argues that the trial court erred in finding that he did not plead sufficient facts in his original complaint to establish the hospital’s immunity.

Harris v. Beth

518 S.W.3d 126 · Court of Appeals of Arkansas · Mar 29, 2017

Harris responded by denying the allegations in their entirety and by affirmatively pleading qualified immunity. … We affirm the circuit court’s decision because Harris failed to establish a prima facie entitlement to summary judgment.

Lancaster v. Red Robin International, Inc.

2011 Ark. App. 706 · Court of Appeals of Arkansas · Nov 16, 2011

The immunity does not extend to a publication of irrelevant | ndefamatory statements that have no relation to the interest entitled to protection. Id. … Clearly, Red Robin and its managers had a legitimate interest in determining whether appellant was giving away beer or selling drugs on the premises.

Jacobs v. Gulf Insurance Co.

85 Ark. App. 435 · Court of Appeals of Arkansas · Mar 31, 2004

Our standard of review in summary judgment cases is well established. … Clearly, this court has presumed a vehicle other than the plaintiff-insured’s must be involved when the insured is entitled to collect under uninsured motorist coverage.

Gross v. State

8 Ark. App. 241 · Court of Appeals of Arkansas · May 25, 1983

Croughen was also granted immunity from prosecution but refused to testify even with immunity, and he did not return to the witness stand. … State, 278 Ark. 550 , 648 S.W.2d 44 (1983), its rationale and implications are clearly applicable.

Charles E. Hamner v. Arkansas County Sheriff's Department & Detention Facility

2026 Ark. App. 56 · Court of Appeals of Arkansas · Jan 28, 2026

They included with the motion an “Alternative Answer” denying the allegations in the complaint and asserting the defenses of qualified immunity, tort immunity, immunity from punitive damages for official-capacity claims … Jones, 2019 Ark. 204, at 4, 575 S.W.3d 111, 115 (bare allegations and conclusory statements will not establish a constitutional claim).

Arkansas Department of Human Services v. Jones

522 S.W.3d 853 · Court of Appeals of Arkansas · May 31, 2017

Our standard of review for civil contempt is whether the finding of the circuit court is clearly against the preponderance of the evidence. 10 In order to establish civil contempt, there must be willful disobedience of … Therefore, a finding of contempt under these circumstances is clearly against the preponderance of the evidence. The facts of this case are like those found in Applegate v.

Roeben v. BG EXCELSIOR LTD. PARTNERSHIP

2009 Ark. App. 646 · Court of Appeals of Arkansas · Oct 7, 2009

He claims that his and his wife’s testimony established reputational injuries. … The immunity does not extend to a publication of irrelevant defamatory statements which have no relation to the interest entitled to protection. Id., 763 S.W.2d at 637 .

Fennell v. City of Pine Bluff

2015 Ark. App. 216 · Court of Appeals of Arkansas · Apr 1, 2015

immunity; (5) the circuit  Cite as 2015 Ark. … App. 216 court erred in dismissing appellants’ overtime claims based on the statute of limitations when they clearly alleged a denial of overtime as recently as 2012, suit was filed in 2011, the Arkansas Minimum Wage Act

Sloan v. Voluntary Ambulance Service

37 Ark. App. 138 · Court of Appeals of Arkansas · Mar 11, 1992

Based on these facts, we find that VAS is immune from liability for claimant’s injury under Ark. Code Ann. §11-9-102 (3)(A) (iii). … ESTABLISHMENT. There is hereby established pursuant to Ark. Stat. § 82-3410 — § 82-3420 an emergency medical service district known as Northeast Benton County Emergency Medical Service District. ARTICLE IX.

Misty Clark v. Arkansas Department of Human Services and Minor Children

625 S.W.3d 362 · Court of Appeals of Arkansas · Apr 28, 2021

The law-of-the-case doctrine holds that a decision of an appellate court establishes the law of the case for a circuit court upon remand and for the appellate court itself upon further review. Farrell v. … Clark also argues that the State failed to prove that the Sargents are qualified to act as guardians. According to Ark.

Smith v. Thomas

100 Ark. App. 195 · Court of Appeals of Arkansas · Oct 31, 2007

In the first place, Devine involved the initial preference in establishing a guardianship, not the termination of a guardianship of substantial duration as in the case at bar. … Secondly, although the trial court pronounced Smith “qualified” to parent his child, at the same time it expressed reservations about his credibility.