Case law

Rogers v. Paul

232 F. Supp. 833 · District Court, W.D. Arkansas · Aug 19, 1964

The revised plan clearly outlines the changes necessary to put such a classification in effect, and it is necessary to create new junior high school attendance areas in order to take full advantage of the new system and as … They must consider the personal rights of all qualified persons to be admitted to the free public schools as soon as practicable on a nondiscriminatory basis.

Stanley v. Gray

District Court, W.D. Arkansas · Sep 27, 2023

“Qualified immunity shields public officials from liability for civil damages if their conduct did not ‘violate clearly established statutory or constitutional rights of which a reasonable person would have known.’” … Qualified Immunity, Official Capacity Claims, & Respondeat Superior Defendants argue that Plaintiff’s failure to establish a constitutional violation entitles them to qualified immunity for his excessive force claim.

Murphy v. Davenport

District Court, W.D. Arkansas · Apr 17, 2020

The Eighth Circuit has found parole officers to be entitled to either absolute or qualified immunity depending on the function at issue. … Even so, a review of the Amended Complaint and the attachments, construed liberally, demonstrate these Defendants, as parole officers, are entitled to either absolute immunity or qualified immunity. C.

Cherokee Nation v. Southern Kan. R.

33 F. 900 · District Court, W.D. Arkansas · Feb 2, 1888

Rogers, A How. 572, said: “ We think it t&o clearly and firmly established to admit of dispute that the Indian tribes residing within the territorial limits of the United States are subject to their authority.” In U. … It has a qualified autonomy,—a local government,—but it does not como within the meaning of either a state or territory, but is a part of what is called “Indian Country.”

United States v. Gorman Towers Apartments

857 F. Supp. 1335 · District Court, W.D. Arkansas · Jul 15, 1994

Helen Gregory, Robert Gregory’s mother, suffers from chronic immune system ailment, anxiety and severe depression. … Nevertheless, we must exercise a balance that clearly has been lacking in this case. Id. at 957 .

Wright v. Madison County Regional Water District

District Court, W.D. Arkansas · Nov 29, 2022

When asserting Eleventh Amendment immunity from suit, it is a defendant’s initial burden to establish its status as an arm of the State. See, e.g., Woods v. Rondout Valley Cent. Sch. Dist. Bd. … Cir.2006) (finding governmental entity invoking Eleventh Amendment immunity bears burden of proving that it qualifies as an arm of the state); Gragg v. Ky.

Worthen Bank & Trust Co., N.A. v. Hilyard Drilling Co. (In Re Hilyard Drilling Co.)

74 B.R. 5 · District Court, W.D. Arkansas · Oct 14, 1986

The debtor contends that the testimony adduced at the hearing clearly established that the sales were in the normal course of its business. … Such price was established at his discretion. Creditors had no input into the valuation of these assets.

In re Southwest Enterprises, Inc.

261 F. Supp. 721 · District Court, W.D. Arkansas · Dec 21, 1966

The evidence clearly establishes that Tex-Iron, Inc., is operating as a perfectly healthy, solvent and fairly prosperous corporation and it, therefore, cannot be considered a proper subject for reorganization under Chapter … These losses, in the opinion of the Court, clearly establish the fact that both corporations are hopelessly insolvent, and are ineligible for Chapter X proceedings.

Brown v. Novak

District Court, W.D. Arkansas · Mar 5, 2019

All of the individual-capacity Defendants have asserted the defense of qualified immunity against these claims. … When courts perform this qualified-immunity analysis, it is often preferable to consider the “violation” prong before considering the “clearly established” prong, but it is not mandatory for them to do so.

Scharnhorst v. Cantrell

District Court, W.D. Arkansas · Oct 2, 2024

“Government officials are entitled to qualified immunity unless (1) the plaintiff has asserted a violation of a constitutional right; (2) the alleged right is clearly established; and (3) there exists a genuine issue of … Such a duty, to the extent one exists, was not “clearly established” at the time of the events giving rise to Plaintiff’s claims. Defendant Mulvaney is therefore entitled to qualified immunity.

Pollock v. Baxter Manor Nursing Home

536 F. Supp. 673 · District Court, W.D. Arkansas · Apr 14, 1982

confused the good faith test established for qualified immunity set out in Scheuer v. … Clearly then, it is not the deprivation of employment which may form the basis of plaintiff’s claim, but rather the lack of a hearing.

Luxpro Corp. v. Apple, Inc.

658 F. Supp. 2d 921 · District Court, W.D. Arkansas · Sep 28, 2009

Specifically, in Luxpro’s response it states that its FAC “clearly takes issue with the validity and the abusive nature of Apple’s litigation.” (Doc. 34). … It is Luxpro’s position that, even if the litigation is protected by Noerr-Pennington immunity, these actions are not.

Norman v. Lewis

District Court, W.D. Arkansas · Jan 31, 2019

They also maintain they are entitled to qualified immunity. … plaintiff's clearly established right.”

Stanley v. Katherine Finnegan

District Court, W.D. Arkansas · Mar 20, 2020

To overcome a defense of qualified immunity at the summary judgment stage, the Stanleys must “assert a violation of a constitutional or statutory right; that right must have been clearly established at the time of the violation … To the contrary, it was clearly established that ‘witnesses should be immune from civil rights suits alleging perjurious testimony.’”) (quoting Myers v. Bull, 599 F.2d 863, 866 (8th Cir. 1979)).

Berrios v. Bailey

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

Defendants argue that they are entitled to qualified immunity with respect to both claims. This Court agrees. … of a constitutional or statutory right; and (2) whether that right was clearly established at the time of the deprivation.”

Smith v. Warren, City of

District Court, W.D. Arkansas · Mar 3, 2025

Warren is clearly immune from Smith’s negligence claim under Arkansas law. … Warren then focuses on Smith’s deposition, asserting that it demonstrates that Smith could not clearly or consistently articulate what medical condition qualified him for leave.

Sampson v. City of Fort Smith

255 F. Supp. 3d 873 · District Court, W.D. Arkansas · Jun 8, 2017

instead hired or promoted individuals who were not members of a protected group who were similarly qualified to or less -qualified than Officer Sampson. … Defendants additionally argue that they are entitled to judgment based on qualified immunity, claim preclusion, statute of limitations grounds, and because Officer Sampson has not shown a custom or policy as part of his §

Rochell v. Cody Ross

District Court, W.D. Arkansas · Dec 1, 2017

Second, Detective Ross argues that because the Court found that he was entitled to qualified immunity for the false arrest claim, that same immunity should also shield him from liability for false imprisonment … That qualified immunity evaporated, however, at the moment Detective Ross arrived at the police station and was given a copy of the ACIC report.

Bryan v. Cradduck

District Court, W.D. Arkansas · Jan 25, 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).

LeClaire v. Dyer

District Court, W.D. Arkansas · Feb 13, 2024

Because the facts, when viewed in the light most favorable to Plaintiff, fail to establish a constitutional violation, Defendants are entitled to qualified immunity. 1. … Therefore, Defendant Chancey would be entitled to qualified immunity.