Case law

Cross

District Court, W.D. Arkansas · Dec 31, 2025

The court’s qualified immunity analysis considers two questions: “(1) whether the facts shown by the plaintiff make out a violation of a constitutional . . . right, and (2) whether that right was clearly … established at that time and Defendant Nutt is nevertheless entitled to qualified immunity with respect to this claim.

JOHN ASHLEY RODRIGUES v. DAVID FREEZE; TERRY DARDEN; VICTOR ROSE; and DANIEL SIMMONS

District Court, W.D. Arkansas · Aug 18, 2026

from suit pursuant to prosecutorial immunity. … immunity.

Neal v. Walker

District Court, W.D. Arkansas · Feb 1, 2023

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. … immunity, the Court must now determine whether Plaintiff’s due process rights were clearly established in September and October of 2021.

Hankins

District Court, W.D. Arkansas · Mar 26, 2026

Movants also argue that Trooper Young is entitled to qualified immunity for the claims against him. Id. at p. 9-10. … Judge Singleton also determines that Trooper Young is not entitled to qualified immunity for Plaintiff’s claims because the constitutional right allegedly violated was clearly established at the time of the events giving

Fountain v. United States

533 F. Supp. 698 · District Court, W.D. Arkansas · Dec 17, 1981

Fountain sustained on March 22,1955, clearly were “incident to service” as they were injuries which his military commanders knew he would sustain while following their orders. We hold that the harm Mr. … Individuals also are not the sovereign and any immunity they enjoy is not based on sovereign immunity. Feres v.

Hubbard v. Seratt

District Court, W.D. Arkansas · Aug 27, 2024

established rights of which a reasonable officer would have known, and they are entitled 7 to qualified immunity. … immunity.

Walden v. Montgomery County Sheriff's Department

District Court, W.D. Arkansas · Oct 26, 2022

A plaintiff can overcome qualified immunity at the pleading stage by pleading facts that show “(1) that the official violated a statutory or constitutional right, and (2) that the right was ‘clearly established’ at the … Yet, the 8th Circuit has established “that qualified immunity is appropriate if defendant has been accused of submitting a recklessly false affidavit and if a corrected affidavit would still provide probable cause to arrest

Smothers v. Atwell

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

Further, Sergeant Willis is not entitled to qualified immunity. … Thus, questions of fact dictate denial of qualified immunity. G.

Gross v. Carter

265 F. Supp. 2d 995 · District Court, W.D. Arkansas · May 22, 2003

Spradlin and Mayor Coberly — are entitled to qualified immunity with respect to the plaintiffs claims against them. … Accordingly, defendant’s Motion is granted on the issue of qualified immunity and plaintiffs first amended complaint against defendants Brandon Carter, Dennis Spradlin and Terry Coberly dismissed with prejudice.

Franklin v. Griffith

District Court, W.D. Arkansas · Apr 19, 2019

Qualified Immunity Qualified immunity “shields government officials from liability for civil damages insofar as their conduct does not violate clearly established statutory … Qualified Immunity Qualified immunity “shields government officials from liability for civil damages insofar as their conduct does not violate clearly established statutory

Scharnhorst v. Cantrell

District Court, W.D. Arkansas · Mar 20, 2024

There are two prongs to the qualified immunity analysis: (1) a violation of a plaintiff’s constitutional right by an official acting under color of law and (2) a legal showing that the right was so clearly established at … Scharnhorst’s clearly established rights.

Forsgren v. Gillioz

110 F. Supp. 647 · District Court, W.D. Arkansas · Mar 2, 1953

As a part of said contract plaintiffs agreed as subcontractors to do in their entirety certain items of work covered by defendant’s general contract at the unit prices established in said contract; and it was further agreed … The discrimination would arise as follows: Section 1 of Act 347 clearly does not ap< ply to contract actions.

McAvoy v. TEXAS EASTERN TRANSMISSION CORPORATION

187 F. Supp. 46 · District Court, W.D. Arkansas · Mar 9, 1960

Brown & Root’s contention that it shares Texas Eastern’s immunity under the Louisiana statute finds strong support in the opinions of Judge Dawkins in Maddox v. … Those cases established that Arkansas, as the State of the forum, will allow a tort recovery if such a recovery is permitted by the State where the accident occurred, notwithstanding such a recovery would be prohibited by

Ward v. Runion

District Court, W.D. Arkansas · Jan 12, 2024

Even so, such “[i]ndividual defendants are entitled to qualified immunity unless their alleged conduct violated ‘clearly established statutory or constitutional rights of which a reasonable person [in his position … right was clearly established at the time of the deprivation.

Shipp v. Hoffman

District Court, W.D. Arkansas · Jul 15, 2020

The affirmative defense of qualified immunity shields government officials from liability unless their conduct violates clearly established statutory or constitutional rights of which a reasonable person would have known … Clearly Established Right The second prong of the qualified immunity analysis is whether Plaintiff’s implicated right was clearly established at the time of the deprivation.

Nash v. Overstreet

District Court, W.D. Arkansas · Jun 8, 2023

“In resolving questions of qualified immunity at summary judgment, courts engage in a two-pronged inquiry. … Clearly Established Right The next question in the qualified immunity analysis is whether that right was clearly established at the time of the incident, or on December 26, 2021

Basham v. Conkleton

District Court, W.D. Arkansas · Feb 23, 2021

In the instant motion, Defendant argues that he is entitled to summary judgment because he is entitled to qualified immunity. … Determining whether a defendant is entitled to qualified immunity requires a two-step inquiry. Jones v. McNeese, 675 F.3d 1158, 1161 (8th Cir. 2012).

Williams v. Pineda

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

Qualified Immunity “Government officials performing discretionary functions, generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established … “[T]o withstand a motion for summary judgment on qualified immunity grounds, a civil rights plaintiff must (1) assert a violation of a constitutional right; [and] (2) demonstrate that the alleged right is clearly established

Ward v. Runion

District Court, W.D. Arkansas · Mar 19, 2024

Courts must be careful not to define clearly established law at a high level of generality. Id. … Even though the law concerning a prisoner’s right to receive information and ideas is clearly established, the officials may still be entitled to qualified immunity if they reasonably could have believed that their conduct

Waters v. Olinkraft, Inc.

475 F. Supp. 743 · District Court, W.D. Arkansas · Jun 25, 1979

Even this was forthcoming long after the date established by the Court. … Clearly, as he expressly recognized in his interview with the personnel director after his bid and before the award, he was not qualified for the millwright job.