Case law

City of Highfill, Arkansas; Jeffery Brenaman, in His Official and Individual Capacities; And Mayor Michelle Rieff, in Her Official and Individual Capacities v. Shana Scantlin and Tammy Ridenhour

2025 Ark. App. 242 · Court of Appeals of Arkansas · Apr 23, 2025

is clearly established, and (3) raised a genuine issue of fact as to whether the official would have known that the conduct violated that clearly established right. … Under our qualified-immunity analysis, however, we agree that even if Scantlin and Ridenhour have asserted a violation of a clearly established right under the Act, they have failed to raise a genuine issue of fact as to

Alexander Sullivan, in His Individual and Official Capacities; City of Little Rock; And Keith Humphrey, in His Official Capacity as Chief of Police, City of Little Rock Police Department v. Kenneth Richardson

2026 Ark. App. 145 · Court of Appeals of Arkansas · Mar 4, 2026

A motion for summary judgment based on qualified immunity is precluded only when the plaintiff has asserted a constitutional violation, demonstrated the constitutional right is clearly established and raised … Qualified Immunity Qualified immunity shields a government official from suit under 42 U.S.C. § 1983 if the official’s conduct does not violate clearly established statutory or constitutional rights of which a reasonable

Brodie Faughn and Billy Colvin v. Alfred Kennedy and Wayne Kennedy

2019 Ark. App. 570 · Court of Appeals of Arkansas · Dec 4, 2019

Qualified immunity protects an officer from liability in an excessive-force case unless the officer’s conduct violates a clearly established constitutional or statutory right of which a reasonable person would have known … The second step of the qualified-immunity inquiry—whether the constitutional or statutory right was clearly established at the time of the defendant’s alleged misconduct— requires the victim to point to a previously decided

Jetta Elliott v. Dusty Morgan, in His Official Capacity as a Deputy Sheriff of Boone County

603 S.W.3d 570 · Court of Appeals of Arkansas · May 13, 2020

Toward this end, police officers have qualified immunity from liability in their individual capacity unless they violate a clearly established right of which a reasonable person would know. Harlow v. … A motion for summary judgment based upon qualified immunity is precluded only when the plaintiff has asserted a constitutional violation, demonstrated that the constitutional right is clearly established

Edward Monk v. Alvernon Rogers

2021 Ark. App. 148 · Court of Appeals of Arkansas · Apr 7, 2021

from damages under section 1983 7 unless they transgress “clearly established statutory or constitutional rights of which a reasonable person would have known.” … Accordingly, Rogers is entitled to qualified immunity unless (1) the facts alleged, construed in a light most favorable to Monk, establish a violation of a constitutional or statutory right, and (2) the right was clearly

Martin v. Hallum

2010 Ark. App. 193 · Court of Appeals of Arkansas · Feb 24, 2010

Toward this end, police officers have qualified immunity from liability in their individual capacity unless they violate a clearly established right of which a reasonable person would know. Harlow v. … A motion for summary judgment based upon qualified immunity is precluded only when the plaintiff has asserted a constitutional violation, demonstrated that the constitutional right is clearly established, and raised a genuine

Harris v. Parrish

552 S.W.3d 475 · Court of Appeals of Arkansas · Jun 6, 2018

right is clearly established, and raised a genuine issue of fact as to whether the official should have known that the conduct violated such established rights. … We hold that Parrish's constitutional rights were clearly established prior to Harris's actions in question. In Shannon v.

Williams v. Pate

463 S.W.3d 734 · Court of Appeals of Arkansas · May 20, 2015

Appellees filed an answer asserting the affirmative defense of qualified immunity. … of qualified immunity.

Leodis Sledge, Individually and as Administrator of the Estate of Tanesha Leach, and on Behalf of All Wrongful Death Beneficiaries and Heirs at Law v. City of Pine Bluff, Arkansas, by and Through Its Mayor, Shirley Washington, in Her Official Capacity as Mayor of the City of Pine Bluff, Arkansas; Pine Bluff City Council, by and Through Its Ex-Officio President, Shirley Washington, in Her Official Capacity; Rick Rhoden, in His Official Capacity as Director of Pine Bluff Street Department; And Kelvin Sargent, in His Official Capacity as Chief of Police of the City of Pine Bluff

2022 Ark. App. 23 · Court of Appeals of Arkansas · Jan 19, 2022

On appeal, Sledge argues (1) that the circuit court erred in granting summary judgment on the basis of qualified immunity because his complaint sufficiently alleged violation of a clearly established statutory right; and … Because Sledge sued the public officials in their official capacities only, qualified immunity is not at issue.

Malik Muntaqim, Adc 088633 v. Wendy Kelley, Director, Arkansas Department of Correction

641 S.W.3d 35 · Court of Appeals of Arkansas · Feb 16, 2022

conduct violated that clearly established right. … Otherwise, a state official is immune from individual-capacity suits if his or her actions did not violate clearly established principles of law of which a reasonable person would have knowledge.

Chad Kelley, in His Capacity as Jefferson County Corner and Individually v. Bryan Adams, Brandon Adams, and Skylar Wilson

2024 Ark. App. 440 · Court of Appeals of Arkansas · Sep 18, 2024

We have stated that section 21-9-301 “establishes . . . an immunity defense.”6 We have also said that section 21-9-301 provides immunity from civil liability for negligent acts but not for intentional torts.7 Kelley … He contends that common-law qualified immunity protects public officials “from liability in their individual capacity unless they violate a clearly established right of which a reasonable person would know.”

Malik Muntaqim, Adc No. 088633 v. James Gibson, Warden, Varner Unit, Arkansas Division of Correction

2024 Ark. App. 456 · Court of Appeals of Arkansas · Sep 25, 2024

in their individual are entitled to qualified immunity. … Under this analysis, a state official is entitled to qualified immunity unless the plaintiff has alleged facts that demonstrate (1) the deprivation of an actual constitutional right and (2) that the right was clearly established

Malik Muntaqim, Adc No. 088633 v. James Gibson, Warden, Varner Unit, Arkansas Division of Correction

2024 Ark. App. 456 · Court of Appeals of Arkansas · Sep 25, 2024

in their individual are entitled to qualified immunity. … Under this analysis, a state official is entitled to qualified immunity unless the plaintiff has alleged facts that demonstrate (1) the deprivation of an actual constitutional right and (2) that the right was clearly established

Gain, Inc. v. Martin

485 S.W.3d 729 · Court of Appeals of Arkansas · Mar 9, 2016

her argument that Gain did not receive enough money in contributions or donations to qualify for charitable immunity. … Gain established that it was entitled to charitable immunity, and the trial court erred in denying its motion for summary judgment. We reverse and remand for further proceedings consistent with this opinion.

Morris Koontz v. Dexter Payne, Director, Arkansas Division of Correction; Dale Reed, Deputy Director, Arkansas Division of Correction; William Straughn, Deputy Director, Arkansas Division of Correction; Randy Watson, Warden, Arkansas Division of Correction; Jeremy Andrews, Deputy Warden, Arkansas Division of Correction; Gaylon Lay, Warden, Arkansas Division of Correction; James Dycus, Deputy Warden, Arkansas Division of Correction; And Anthony Jackson, Deputy Warden, Arkansas Division of Correction

2025 Ark. App. 200 · Court of Appeals of Arkansas · Apr 9, 2025

Under that standard, 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 … Our supreme court has said that individual state actors are entitled to statutory immunity unless they transgress “clearly established statutory or constitutional rights of which a reasonable person would have known.”

Clayton Franklin as Adminstrator for the Estate of Cody J. Franklin v. City of Ozark, Arkansas; Nathan Griffith; And Joseph Griffith

2025 Ark. App. 308 · Court of Appeals of Arkansas · May 14, 2025

The district court denied summary judgment as to Officer Nathan Griffith and Sergeant Joseph Griffith and found that Officer Griffith and Sergeant Griffith were not entitled to qualified immunity as to appellant’s federal … Appellees generally denied the allegations and alleged multiple affirmative defenses, including that the claims were filed outside the statute of limitations and appellees were entitled to statutory and qualified immunity

Freda Hostler; Kimberly Steward; Stephanie Moten; And Eylorna Bones v. Nathaniel Dennison, Angela Newcomb, Cecile Blucher, and Becky Dunagin, Individually and in Their Official Capacities; And Arkansas Department of Human Services, Division of Children and Family Services

601 S.W.3d 142 · Court of Appeals of Arkansas · Apr 22, 2020

As in Harris, the appellees argued that they were entitled to statutory and qualified immunity as to the individual-capacity claims; however, the circuit court relied on sovereign immunity to dismiss all the claims. … clearly means to reverse.

Gary Brinkley, as City Manager of the City of Arkadelphia; And the City of Arkadelphia v. Brandon and Kortni Beene

2026 Ark. App. 165 · Court of Appeals of Arkansas · Mar 11, 2026

of qualified immunity. … It is a deliberate, knowing trespass that bars application of the doctrine of qualified immunity. Id. In Passmore v. Hinchey, 2010 Ark.

Northport Health Services, Inc. v. Owens

82 Ark. App. 355 · Court of Appeals of Arkansas · May 28, 2003

“Qualified immunity, similar to absolute immunity, is an entitlement not to stand trial under certain circumstances. … In the fourth point, appellants argue that the verdict amount is excessive and clearly against the weight of the evidence.

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