Case law

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.

Streetman v. United States (In Re Russel)

189 B.R. 190 · District Court, W.D. Arkansas · Apr 22, 1994

Sovereign immunity. … The bankruptcy court’s opinion regarding Russell’s 1983 election is not clearly erroneous and is hereby affirmed. IV.

Wright v. Cogbill

District Court, W.D. Arkansas · Oct 1, 2024

Qualified Immunity Defendants assert qualified immunity as to each of Plaintiff’s claims. … It is also clearly established in the Eighth Circuit that surprise attacks by fellow inmates do not rise to the level of a constitutional violation. See Vandevender v.

Martinez

District Court, W.D. Arkansas · Feb 9, 2026

clearly established at the time of the incident. … If it was clearly established in 2020 that an officer must provide adequate warning before using a K9, it must have also been clearly established two years later when Officer Jacobs let his dog loose on Mr.

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.

Smith v. Karr

District Court, W.D. Arkansas · Dec 22, 2020

The doctrine of qualified immunity provides that “government officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established … Qualified Immunity.

McKinney v. Huntsville School District

District Court, W.D. Arkansas · Oct 12, 2018

Counts IV and VI: Qualified Immunity Certain government officials who are performing “discretionary functions” are immune from civil action as long as their conduct does not “violate clearly established statutory … Courts analyze two elements to determine whether qualified immunity applies: (1) whether the official violated plaintiffs constitutional rights; and (2) whether those rights were Clearly established. Saucier v.

Stanley v. Gray

District Court, W.D. Arkansas · Jul 26, 2024

Qualified immunity “shields [a] government official from liability in a section 1983 action unless the official’s conduct violates a clearly established right of which a reasonable person would have known.” Brown v. … So, the next inquiry is whether such a right to be free from such punishment as a pretrial detainee was clearly established in March 2022. The Court finds it was in fact clearly established at that time.

Martz v. Webb

District Court, W.D. Arkansas · Apr 30, 2019

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 … As for Defendants’ claim that they are entitled to qualified immunity, based on the cases previously cited in this section, the law was clearly established in May 2016 that refusing to allow an inmate to wash off pepper

Floreal-Wooten v. Helder

District Court, W.D. Arkansas · Mar 16, 2023

Karas were deemed eligible to assert this defense, he would not be entitled to its protections under these facts and pursuant to clearly established law. … A public official is entitled to qualified immunity unless his conduct violated a constitutional right and that right was clearly established. Williams v. Mannis, 889 F.3d 926, 931 (8th Cir. 2018) (citations omitted).

Foots v. Rose

District Court, W.D. Arkansas · Mar 13, 2018

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 … established and neither Defendant Rose nor Defendant Early are entitled to qualified immunity.

Brown v. Arkansas Department of Finance & Administration

180 F. Supp. 3d 602 · District Court, W.D. Arkansas · Apr 8, 2016

a state official, even if the State is otherwise protected by sovereign immunity. … The policy banning solicitations, if prompted by these sorts of complaints, is clearly not directed to Rev.

Maxey v. Kadrovach

696 F. Supp. 425 · District Court, W.D. Arkansas · Oct 13, 1988

immunity. … Counts I through IV of plaintiff’s amended complaint all “sound” in “constitutional tort” of the type established by Bivens and disallowed in Bush .

Pollreis v. Marzolf

District Court, W.D. Arkansas · Mar 13, 2020

right; and (2) the right was clearly established at the time of the deprivation.” … The “arguable reasonable suspicion” test is another way of saying that a plaintiff must establish the “clearly established” prong of qualified immunity. E/l-Ghazzawy v. Berthiaume, 636 F.3d 452, 459 (8th Cir. 2011).

Kaczmarek v. Butler

District Court, W.D. Arkansas · Jan 11, 2023

Qualified immunity Defendant argues, if Plaintiff’s claims are not barred by Heck, then Defendant is entitled to qualified immunity. … Qualified immunity “shields [a] government official from liability in a section 1983 action unless the official’s conduct violates a clearly established right of which a reasonable person would have known.” Brown v.

Pritchett v. Griffie

District Court, W.D. Arkansas · Oct 26, 2020

Qualified Immunity Qualified immunity protects government officials from civil liability for discretionary actions unless a reasonable person would know their conduct violates clearly established … Accordingly, Judge Bryant finds that Separate Defendants cannot claim qualified immunity and that their motion regarding this issue be denied.

Bradford v. Singleton

District Court, W.D. Arkansas · Apr 19, 2018

to the issue 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

Thomas Wilson v. Parkison

District Court, W.D. Arkansas · Nov 2, 2022

Corporal Parkison also contends she is entitled to qualified immunity on this claim. … Both Defendants maintain they are entitled to qualified immunity on this claim.

Mosier v. Robinson

722 F. Supp. 555 · District Court, W.D. Arkansas · Sep 18, 1989

The principle that a local government cannot be held liable under § 1983 on a respondeat superior theory was established in Monell v. … Michigan Department of State Police, supra, the Court does not believe that the county shares the state’s immunity under § 1983.

Dixon v. Roberts

District Court, W.D. Arkansas · Jul 24, 2025

“Qualified immunity shields government officials from liability in their individual capacity so long as the official has not violated ‘clearly established statutory or constitutional rights of which a reasonable person … right was clearly established at the time of the deprivation.’”