Case law

Ellenberger v. Hayden

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

Having found no genuine issue of material fact exists as to whether Defendant Hayden violated Ellenberger’s constitutional rights, Defendant Hayden is entitled to qualified immunity. See e.g., Krout v. … Goemmer, 583 F.3d 557, 564 (8th Cir. 2009) (Unless the facts make out a violation of a constitutional right, the Defendant is entitled to qualified immunity). 7

Davis v. Dahmm

763 F. Supp. 1010 · District Court, W.D. Arkansas · Apr 25, 1991

As the cases cited above indicate clearly, in order to comply with due process, the owner must be able to challenge the seizure of the vehicle, at least before the sale contemplated by §§ 27-50-1209 — 1210. … Whether defendant, Dahmm, would be immune in tort by virtue of his questionable status at the time as a city police officer, or whether he lost his immunity by action ultra vires need not be resolved at this time, for there

Hardy v. Worley

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

Why when the Letter was clearly marked Legal Mail and it wasn’t address to the Sheriff or the Jail Administrator they broke federal statute when they opened my legal mail. … 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

Hankins

District Court, W.D. Arkansas · Mar 23, 2026

The first is in the listed Defendants section, which states that Walker was the administrator of the MCDC 1 Plaintiff also erroneously criticizes the R&R for its recommendations regarding qualified immunity, even though … qualified immunity was never raised in the R&R or in Movants’ motion to dismiss.

Everhart v. Flournoy

District Court, W.D. Arkansas · Jun 17, 2019

Qualified Immunity The Court will now address whether Defendant Walcott is entitled to qualified immunity.8 Determining whether a defendant is entitled to qualified immunity … To determine if Plaintiff’s right was clearly established at the time of the alleged deprivation, the Court “must . . . examine the information 8 It is not necessary to address the issue of qualified immunity with respect

Fields v. Evans

District Court, W.D. Arkansas · Mar 2, 2023

Qualified Immunity Furthermore, having found that the facts do not make out a constitutional violation, the County Defendants are entitled to qualified immunity on this claim … Furthermore, having found that the facts do not make out a constitutional violation, Defendants are entitled to qualified immunity on this claim.

Gentry v. C & D Oil Co.

102 F.R.D. 490 · District Court, W.D. Arkansas · Apr 24, 1984

The questions of law are clearly common among the members of the putative class in this case. … The plaintiff has selected highly qualified and experienced counsel who are clearly able to conduct the litigation.

Rosenzweig v. Benton County Sheriff's Office

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

clearly established statutory or constitutional rights of which a reasonable person would have known.” … Because the facts do not make out a constitutional violation, Deputy Koster is entitled to qualified immunity. See, e.g., Krout v.

Pratt v. Roberts

District Court, W.D. Arkansas · Jul 5, 2023

Individual Capacity Claims Next, Defendants Roberts argues he cannot be held liable for actions of which he was not personally involved, and he asserts qualified immunity. … Without individual liability, the Court need not address Defendants’ assertion of qualified immunity. B.

Elizabeth Hospital, Inc. v. Richardson

167 F. Supp. 155 · District Court, W.D. Arkansas · Nov 6, 1958

The factual allegations of the complaint, however, as distinguished from this conclusion, clearly establish that if there was any restraint, it related solely to a lessening of the practice of Dr. … These allegations, however, fall short of establishing a claim under Arkansas law. In Meier v.

Stanley v. Brady

District Court, W.D. Arkansas · Aug 27, 2018

Qualified Immunity Analyzing a claim of qualified immunity requires a two-step inquiry. Jones v. McNeese, 675 F.3d 1158, 1161 (8th Cir. 2012). … and (2) the right was clearly established at the time of the violation.”

Cooper Communities, Inc. and Subsidiaries v. United States

678 F. Supp. 1408 · District Court, W.D. Arkansas · May 22, 1987

However, under section 446(b), if the method of accounting used by the taxpayer “does not clearly reflect income,” the Commissioner may impose a method that “does clearly reflect income.” … “It is a well-established principle that the Commissioner cannot require a taxpayer to change from an accounting method which clearly reflects income because the Commissioner considers an alternate method to more clearly

Raper v. Braley

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

(ECF No. 17). 4 The Court notes Defendant has not asserted a qualified immunity claim. Accordingly, the Court need not address Plaintiff’s argument regarding it. … Plaintiff’s claims were dismissed based solely on the grounds the Defendant was immune from suit and the official capacity claims were barred by Eleventh Amendment immunity. Id.

Walker v. Tillman

District Court, W.D. Arkansas · Aug 24, 2022

Qualified Immunity Government officials performing discretionary functions are generally shielded from liability for civil damages insofar as their conduct does not violate “clearly established … Having found that the facts do not make out a constitutional violation, Corporal Tillman is entitled to qualified immunity. See, e.g., Krout v.

Wolfe Ex Rel. W.W. v. Fayetteville, Arkansas School District

600 F. Supp. 2d 1011 · District Court, W.D. Arkansas · Feb 26, 2009

The Arkansas Act protects “rights, privileges, or immunities secured by the Arkansas Constitution.... ” Ark.Code Ann. § 16-123-105(a). … Most of the statements at issue in the present case are not clearly opinions. Taking each of the previously-mentioned statements in turn, Zeagler’s written statement published to Detective Lee is objectively verifiable.

Travis v. Banks

District Court, W.D. Arkansas · May 3, 2022

Department of Labor and federal precedent established under the [FLSA] in interpreting and applying the provisions of the [Minimum Wage] Act and [implementing rules], except to the extent a different interpretation is clearly … They qualify as “employers” subject to liability under the FLSA.

Sanders v. Wold

District Court, W.D. Arkansas · Aug 8, 2022

The Eighth Circuit has found parole officers to be entitled to either absolute or qualified immunity depending on the function at issue. … Based on Plaintiff’s allegations, Defendant Wold is entitled to either absolute immunity or qualified immunity. B.

Rooney v. Rock-Tenn Converting Co.

200 F. Supp. 3d 816 · District Court, W.D. Arkansas · Aug 2, 2016

Rooney Was Meeting Rock-Tenn’s Legitimate Expectations To establish thát Rooney was meeting Rock-Tenn’s reasonable expectations at the time he was terminated, Rooney need only show that he was qualified for the position at … Rock-Tenn clearly and specifically articulates a number of reasons for Rooney’s discharge, with the main reason being Metter’s belief that Rooney’s performance was poor.

Raper v. Deen

District Court, W.D. Arkansas · Mar 31, 2022

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).

Schnekloth v. Deakins

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

“On a motion to dismiss, qualified immunity warrants dismissal ‘only when the immunity is established on the face of the complaint.’” Northland Baptist Church of St. Paul v. Walz, 530 F. Supp. 3d 790, 806 (D. … right; and (2) the right was clearly established at the time of the deprivation.”