Case law

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.

Montgomery v. Lange

District Court, W.D. Arkansas · Sep 24, 2024

Pachtman, 424 U.S. 409, 431 (1976), established the absolute immunity of a prosecutor from a civil suit for damages under 42 U.S.C. § 1983 “in initiating a prosecution and in presenting the State’s case.” … entitled to qualified immunity).

Thorpe v. Webb

District Court, W.D. Arkansas · Mar 31, 2020

Qualified Immunity The Court next turns to the issue of qualified immunity. … “To be clearly established, preexisting law must make the unlawfulness of the officials’ conduct apparent so that they have ‘fair and clear warning’ they are violating the constitution; qualified immunity therefore protects

Griffin v. Hollis

District Court, W.D. Arkansas · Nov 4, 2019

Government officials are entitled to qualified immunity if their conduct does "not violate clearly established statutory or constitutional rights of which a 11 In a non-emergency situation , requiring a written medical … Qualified Immunity The Defendants also contend they are entitled to qualified immunity on this claim.

Bramlett v. Wellpath LLC

District Court, W.D. Arkansas · Sep 9, 2021

Qualified immunity shields a government official from liability and the burdens of litigation unless the official’s conduct violates a clearly established constitutional or statutory right of which a reasonable person … A violation of a constitutional right has not been established and Defendants are entitled to qualified immunity.

Bolger v. United States

District Court, W.D. Arkansas · Mar 28, 2022

“Qualified immunity protects public officials from § 1983 damage actions if ‘their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.’” … Absent such a threat, it was clearly established in August 2017 that deadly force could not be used, and Ranger Sullivan is not entitled to qualified immunity for his actions. IV.

Watkins v. Smith (125)

District Court, W.D. Arkansas · Jan 18, 2023

Qualified immunity ensures that government officials performing discretionary functions “are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional … Qualified immunity protects an official “unless a plaintiff pleads facts showing (1) that the official violated a statutory or constitutional right, and (2) that the right was clearly established at the time of the challenged

Welter v. Wilson

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

Pauly, 580 U.S. 73, 78–79 (2017) (per curiam ) (“Qualified immunity attaches when an official's conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known … Plaintiffs have little to say in response to Detective Wilson’s qualified immunity defense.

Lockhart v. Siloam Springs, Arkansas

District Court, W.D. Arkansas · Jun 22, 2023

Lockhart can overcome qualified immunity by showing his right was clearly established. Garcia, 984 F.3d at 663. … Lockhart’s clearly established Fourth Amendment rights, Officer Ware is not entitled to qualified immunity on the illegal stop and false arrest claims. C.

Watkins v. Smith (125)

District Court, W.D. Arkansas · Jun 9, 2023

The Court now turns to the clearly-established prong of the qualified-immunity inquiry. Were a finder of fact to resolve the factual disputes in favor of Mr. Watkins, at the moment Corporal Smith tasered Mr. … Watkins, it is not clearly established that a seizure under such circumstances is unconstitutional, and Corporal Smith is entitled to qualified immunity. 12

McElroy v. Stamps

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

Officials are entitled to qualified immunity in § 1983 actions unless “they violated a federal ‘statutory or constitutional right that was clearly established at the time.’” Webster v. … Second, even if it were clearly established that these conditions qualify as “punitive,” it is undisputed that Plaintiff was afforded a hearing.

Johnson v. Griffie

District Court, W.D. Arkansas · Mar 4, 2021

“Qualified immunity shields a government official from liability when his conduct does not violate ‘clearly established statutory or constitutional rights of which a reasonable person would have known.’” Krout v. … To determine if an official is entitled to the protection of qualified community the Court must determine: 1) if the facts alleged or shown establish a violation of a constitutional right; and 2) that right was clearly

Raymond Douglas Hardy v. Singleton

District Court, W.D. Arkansas · Nov 7, 2024

“Few doctrines were more solidly established at common law than the immunity of judges for liability for damages for acts committed within their judicial jurisdiction.” Pierson v. … Personal capacity claims “are those which allege personal liability for individual actions by officials in the course of their duties; these claims do not require proof of any policy and qualified immunity may be raised

Tennant v. Trotter

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

to the plaintiff, demonstrate the deprivation of a constitutional or statutory right; and (2) the right was clearly established at the time of the deprivation.” … Therefore, Defendant Trotter is entitled to qualified immunity, and the claims against him will be dismissed. 2.

Stanley v. Gray

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

Qualified immunity Defendants argue they are entitled to qualified immunity on Plaintiff’s excessive force claims. … 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.

Lagreca v. Cotton

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

However, my constitutionally adequate detainee disciplinary rights were clearly established by UCSO and my due process rights and equal protection of law rights were clearly established under the 14th … Personal capacity claims “are those which allege personal liability for individual actions by officials in the course of their duties; these claims do not require proof of any policy and qualified immunity may be raised

Johnson v. City Council of Green Forest, Ark.

545 F. Supp. 43 · District Court, W.D. Arkansas · Mar 25, 1982

after having worked for over a period of one (1) year as a police officer at the City of Berryville, Arkansas, having attended and satisfactorily completed the courses offered by the Arkansas Police Academy and was duly qualified … That during Plaintiff’s term of employment and on February 20, 1979, the City Council of Green Forest, Arkansas, had no established, written or published guidelines for regulations of conduct of a police officer, for establishing

Kuhn v. Martinez

District Court, W.D. Arkansas · Jan 17, 2024

The Defendants are also entitled to qualified immunity on this claim. See, e.g., Krout v. … In discussing when constitutional right is clearly established, the Eighth Circuit in Perry v.

McClain v. Tuttle

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

or statutory right; and (2) the right was clearly established at the time of the deprivation.” … McClain’s clearly established Fourth Amendment right to be free from the use of excessive force.

Broomfield v. Columbia County Sheriff's Department

District Court, W.D. Arkansas · Nov 17, 2023

Qualified immunity shields a government official from liability and the burdens of litigation unless the official’s conduct violates a clearly established constitutional or statutory right of which a reasonable … Because Plaintiff cannot establish the violation of a constitutional right, Defendants are entitled to qualified immunity and summary judgment regarding this claim.