Case law

Brown

District Court, W.D. Arkansas · Jan 21, 2026

or statutory right; and (2) whether the right was clearly established at the time of the deprivation.” … “Clearly Established” Right This conclusion, however, does not end the Court’s qualified immunity analysis.

Sanford v. Robinson

District Court, W.D. Arkansas · Feb 14, 2025

Qualified Immunity Robinson argues he is entitled to qualified immunity regarding Sanford’s claims of false arrest and malicious prosecution and contends Sanford’s false … In evaluating whether qualified immunity applies, courts ask two questions: (1) whether the facts shown by the Plaintiff make out a violation of a constitutional right; and (2) whether the right was clearly established

Gentry

District Court, W.D. Arkansas · Mar 20, 2026

Qualified immunity “shields [a] government [official] from liability in a § 1983 action unless the official’s conduct violates a clearly established constitutional or statutory right of which a reasonable person would … It is Defendant Seiger’s burden to establish the predict facts warranting qualified immunity, and when genuine dispute of material facts exist on the record summary judgment on the ground of qualified immunity is inappropriate

Riley

District Court, W.D. Arkansas · Aug 10, 2026

Qualified immunity “shields [a] government official[] from liability in a § 1983 action unless the official’s conduct violates a clearly established constitutional or statutory right of which a reasonable person would have … the defendant is entitled to qualified immunity regardless.

Hamilton v. Earl

District Court, W.D. Arkansas · Jul 21, 2021

(2) Qualified Immunity To prevail at this stage of the proceedings, defendants must show that they are entitled to qualified immunity on the face of the complaint. … ,” and second, “whether the right was clearly established at the time of the alleged infraction.”

United States v. Balliet

133 F. Supp. 2d 1120 · District Court, W.D. Arkansas · Feb 8, 2001

Here Balliet has made no attempt to establish that the Newton County Court was a court of competent jurisdiction. … Clearly, Rule 14 impleader is an improper mechanism given the facts of this case. The Joneses are in no way secondarily liable to Balliet for the claims of the United States. Conclusion.

Whitson v. Hollis

District Court, W.D. Arkansas · Feb 13, 2023

Defendants also maintain they are entitled to qualified immunity. … Defendants knowledge in this regard is critical to the Court’s analysis of the “clearly established” prong of the qualified immunity analysis.

Guirlando v. City Tel-Coin Company, Inc.

District Court, W.D. Arkansas · Jan 14, 2022

Qualified Immunity CTC next argues it is entitled to qualified immunity on this claim. … CTC also contends it is entitled to qualified immunity on this claim. However, the issue of qualified immunity was addressed above and will not be repeated here.

Gladden

District Court, W.D. Arkansas · Jul 15, 2026

The qualified immunity inquiry consists of two questions: “(1) whether the facts alleged or shown . . . establish a violation of a constitutional or statutory right, and (2) whether that constitutional right was clearly … Accordingly, they are entitled to qualified immunity from this claim as well. D.

Powell v. Rogers

District Court, W.D. Arkansas · Jul 22, 2021

Qualified Immunity Defense The standard for religious freedom is clearly established. There are two prongs to a qualified immunity analysis. Jones v. … The next question is whether the right had been clearly established at the time of the alleged violation.

Riemer

District Court, W.D. Arkansas · Jul 21, 2026

Defendants argue that they are entitled to qualified immunity from Plaintiff’s individual- capacity claims. … The qualified immunity inquiry consists of two questions: “(1) whether the facts alleged or shown . . . establish a violation of a constitutional or statutory right, and (2) whether that constitutional right was clearly

LAIDLAW WASTE SYSTEMS v. City of Fort Smith, Ark.

742 F. Supp. 540 · District Court, W.D. Arkansas · Aug 8, 1990

Instead, the municipality is required to show “a clearly expressed state policy,” id. at 40 , 105 S.Ct. at 1717 , sanctioning anti-competitive conduct. … Defendant interprets L & H to mean that where, as here, a state has established a policy favoring regulation, municipalities are immune from all antitrust liability of any sort regarding the regulated industry.

Jones v. Siloam Springs, Arkansas

District Court, W.D. Arkansas · Jun 4, 2025

Qualified Immunity The doctrine of qualified immunity protects government officials from liability for civil damages insofar as their conduct does not violate clearly established statutory or … Having found no constitutional violation, the undersigned need not delve further into issue of qualified immunity. Where no constitutional violation exists, Defendants are entitled to qualified immunity.

Scott Logan v. Sergeant Solice

District Court, W.D. Arkansas · Dec 12, 2023

Defendants Solice and Callas are entitled to qualified immunity unless Logan has (1) stated a claim for violation of his constitutional right to privacy and (2) that right was clearly established at the time of the alleged … law in the context of an assertion of qualified immunity.”

Morgan v. Wilson

District Court, W.D. Arkansas · Jun 23, 2023

Moving to the second prong of the qualified immunity analysis, the Court concluded there was no clearly established law on the issue of whether the cell phone of a parolee could be searched without a warrant. Id. … Qualified Immunity The City Defendants contend they are entitled to qualified immunity because Detective Wilson did not violate any of Morgan’s clearly established Fourth Amendment

Klingensmith v. Deboer

District Court, W.D. Arkansas · Jan 7, 2022

motion for summary judgment on the defense of qualified immunity. … When a defendant asserts qualified immunity at the summary judgment stage, the plaintiff must produce evidence sufficient to create a genuine issue of fact regarding whether the defendant violated clearly established law

Sutton v. Sevier County

District Court, W.D. Arkansas · Feb 21, 2025

DISCUSSION County Defendants raise the affirmative defense of qualified immunity, which shields government officials from individual liability unless their conduct violates clearly established … The Court must also decide whether the implicated right was clearly established at the time of the deprivation. Id.

Powell v. Risley

District Court, W.D. Arkansas · Sep 1, 2021

Qualified Immunity Defendants also contend they are entitled to qualified immunity. As discussed above, the freedom of religion claim is being dismissed on failure to exhaust grounds. … The qualified immunity inquiry consists of two questions: “(1) whether the facts alleged or shown, construed in the light most favorable to the Plaintiff, establish a violation of a constitutional right; and (2) whether

Michael v. St. Paul Mercury Indemnity Co.

92 F. Supp. 140 · District Court, W.D. Arkansas · Aug 11, 1950

The case was treated as one of a charitable trust, and the public library association involved therein qualified as such. … If it were otherwise the *143 corporation could not qualify as charitable.

Human Rights Defense Center v. Baxter County, Arkansas

District Court, W.D. Arkansas · Dec 5, 2017

to qualified immunity. … Additionally, as the Court’s above discussion indicated, the law is far from clearly established on either of the two claims that HRDC asserts, entitling these officials to dismissal on qualified immunity grounds.