Case law

Dansby

District Court, W.D. Arkansas · Apr 24, 2026

“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. … The Supreme Court established the absolute immunity of a prosecutor from a civil suit for damages under section 1983 “in initiating a prosecution and in presenting the State’s case.” Imbler v.

Herndon v. Byers

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

; (3) Defendants are entitled to qualified immunity because Plaintiff failed to allege a plausible retaliation claim and failed to allege any actual physical injury. … that they violated clearly established rights.

Scharnhorst v. Cantrell

District Court, W.D. Arkansas · Dec 12, 2023

immunity unless Plaintiff’s constitutional right was clearly established at the time of the deprivation. … As noted above, the defendants are “entitled to qualified immunity unless Plaintiff’s constitutional right was clearly established at the time of the deprivation.” Howard, 570 F.3d at 988.

Human Rights Defense Center v. Baxter County, Arkansas

District Court, W.D. Arkansas · May 2, 2018

The Court previously issued a Memorandum Opinion and Order (Doc. 49) dismissing the individual capacity claims against the named officials on the basis of qualified immunity. … However, that decision focused solely on qualified immunity, looking only to see whether there was clearly established law that such a postcard-only policy was unconstitutional.

Pedigo v. P.A.M. Transport, Inc.

891 F. Supp. 482 · District Court, W.D. Arkansas · Dec 1, 1994

Is Plaintiff a “Qualified Individual With a Disability”? … The Act, with respect to Title VII mixed motive cases, establishes that an employer may no longer escape liability entirely.

Pellerin Laundry MacHinery Sales Company v. Hogue

219 F. Supp. 629 · District Court, W.D. Arkansas · Jul 12, 1963

The rights of persons under title-retaining contracts have been clearly defined. In Provance v. … Co., 8 Cir., 36 F.2d 661, 663 , in not regarding the expression of that case as intended to change the Court’s previous, specific holdings on the question and the law which thereby clearly had been established, ‘It is observed

Orr v. City of Rogers

232 F. Supp. 3d 1052 · District Court, W.D. Arkansas · Feb 3, 2017

To establish a prima facie case of disparate treatment, a plaintiff must show that she: “(1) is disabled within the meaning of the ADA, (2) is a qualified individual under the ADA, and (3) has suffered an adverse employment … Next, Orr must show that she was a “qualified individual” under the ADA.

Cohen v. Commodity Credit Corp.

172 F. Supp. 803 · District Court, W.D. Arkansas · May 7, 1959

The Committee said: “The venue of suits against the Corporation is established in the District of Columbia, or in the district in which the plaintiff resides or is engaged in business.” … The statute itself is not clearly determinative, although the plaintiff argues that in fixing venue where the plaintiff engages in business, the statute leaves, it to the plaintiff to engage in any business whatever in any

Onstad v. Bethell

District Court, W.D. Arkansas · Aug 30, 2021

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).

Shaw v. Jackson

District Court, W.D. Arkansas · Dec 16, 2020

The Eighth Circuit has found parole officers to be entitled to either absolute or qualified immunity depending on the function at issue. … A review of Plaintiff’s allegations, construed liberally, demonstrate that Defendants Ross and Blackmon, as parole officers, are entitled to either absolute immunity or qualified immunity.

Williams v. Gulick

District Court, W.D. Arkansas · Sep 6, 2024

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 … Regarding the expectation of privacy, the Court noted that parole was “an established variation on imprisonment” on which the statute imposed a clearly stated warrantless search condition. Id. at 852.

United States Ex Rel. Bruce Co. v. Fraser Const. Co.

87 F. Supp. 1 · District Court, W.D. Arkansas · Dec 5, 1949

While the statute uses the general term ‘notice’, its other language clearly shows that it is intended to be, in legal effect, the presentation of a claim. … The requirements of the statute were inserted so that a contractor might, after withholding payments to a sub-contractor for 90 days, pay the latter with immunity from undisclosed claims of materialmen.

Emrit v. University of Miami School of Law

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

Emrit also maintains he was qualified for the position because his “music litigation if the federal court system 1 has been nothing short of historical … Clearly, diversity jurisdiction is lacking. Next, Emrit contends that the Court has federal question jurisdiction and that venue is appropriate in this jurisdiction.

Raper v. Braley

District Court, W.D. Arkansas · Jul 10, 2023

Thus, Defendant is not entitled to qualified immunity.1 ECF No. 23, at 2-3. … to qualified immunity in her motion to dismiss.

Nations v. Nations

670 F. Supp. 1432 · District Court, W.D. Arkansas · Oct 9, 1987

Five pages of the Jones opinion are dedicated to quotations from the legislative history of Title III evidencing Congress’ intent to establish an “across-the-board prohibition on all unauthorized electronic surveillance.” … As the court in Jones noted, “state law is far from uniform on the doctrine of interspousal immunity.” Id. at 672 . Therefore, the controlling Arkansas precedent on the issue becomes an important consideration.

Robinson Insurance & Real Estate Inc. v. Southwestern Bell Telephone Co.

366 F. Supp. 307 · District Court, W.D. Arkansas · Aug 27, 1973

Without establishing such a relationship, they must be viewed as completely separate incidents and as such lacking in materiality. … The distinction between limitation of liability clauses and liquidated damages clauses is clearly established.

Rowe v. Harris

195 F. Supp. 310 · District Court, W.D. Arkansas · Jun 29, 1961

while in the establishment was forcibly arrested, physically dragged across the front of the establishment against his will and resistance, and with bodily force and violence was imprisoned in the back office of the gambling … “That the original complaint, its amendment and the discovery depositions clearly set forth plaintiff’s position, many of which facts are not disputed by the defendants.

Kruel v. John Doe

District Court, W.D. Arkansas · Feb 22, 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).

Smith v. Walker

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

Further, having found that the facts do not make out a constitutional violation, Defendants are entitled to qualified immunity. See, e.g., Krout v. … In cases involving surprise attacks, the Eighth Circuit noted it had upheld the grant of qualified immunity to prison officials.

Bryan v. Bacon

District Court, W.D. Arkansas · Jan 26, 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).