Case law

Pratt v. Juno

District Court, W.D. Arkansas · Sep 14, 2023

immunity. … 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

Hayes v. Henderson

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

Having found that the facts do not make out a constitutional violation, the TAPD Officers are also 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). B.

Turner v. Dr. Robert Karas

District Court, W.D. Arkansas · Nov 30, 2017

Qualified Immunity Next, Defendants argue they are entitled to qualified immunity. Analyzing a claim of qualified immunity requires a two-step inquiry. Jones v. … was clearly established at the time of the violation.”

Perry v. Helder

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). … was clearly established at the time of the violation.”

Kruel v. Durrett

District Court, W.D. Arkansas · Feb 21, 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).

Farmer v. Duncan

District Court, W.D. Arkansas · Jan 4, 2018

Judge Xollie Duncan is immune from suit. Mireles v. Waco, 502 U.S. 9, 11 (1991)("Judicial immunity is an immunity from suit, not just from ultimate assessment of damages"); see also Duty v. … Diversity of citizenship clearly does not exist. Junk v. Terminix Intern.

Ralston v. Jones

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

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.” Id. at 427. … entitled to qualified immunity).

Marshall v. Stephens

493 F. Supp. 140 · District Court, W.D. Arkansas · Jul 23, 1980

As counsel for both sides agreed in open court, the principal issue is whether defendants qualify for the exemption for retail or service establishments set out in 29 U.S.C. § 213 (a)(2). … Defendants have clearly established their right to the retail exemption, and judgment will be entered dismissing the complaint. .

Allen v. Helder

District Court, W.D. Arkansas · Feb 14, 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.” … prosecutor acting in an investigatory or administrative capacity is only entitled to qualified immunity).

Goffin v. Peek

District Court, W.D. Arkansas · Jan 23, 2018

Qualified immunity “shields government officials from liability unless their conduct violates clearly established statutory or constitutional rights of which a reasonable person would know.” Ferguson v. … was clearly established at the time of the defendant’s alleged misconduct.

Bates v. Simpson

District Court, W.D. Arkansas · Apr 15, 2019

matter,” then they “are entitled to qualified immunity for all federal constitutional claims and state law tort claims.” … Again, it seems to the Court that they are merely re-arguing res judicata and calling it “qualified immunity.”

Jones v. Trejo

District Court, W.D. Arkansas · Jun 24, 2021

You will see in the closing statements of Director Rory Giffin, clearly saying I have merit, but will not address it. … immunity.

Blanscet v. Ribicoff

201 F. Supp. 257 · District Court, W.D. Arkansas · Jan 19, 1962

It is not necessary that the plaintiff establish the complete absence of any opportunity for substantial gainful employment; he need only establish that he has become disabled from employment in any work or vocation in which … In the instant case the plaintiff has clearly shown the type of work he has performed in the past. This is the work of a coal miner and as a farmer which, of course, requires strenuous labor.

Meraz v. Doe Dispatch Officer

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

Pachtman, 424 U.S. 409, 427 (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.” … An officer is entitled to “qualified immunity for a warrantless arrest if the arrest was supported by at least ‘arguable probable cause.’” Joseph, 712 F.3d at 1226.

League of Women Voters of Arkansas v. Thurston

District Court, W.D. Arkansas · Nov 15, 2021

Sovereign Immunity Defendants do not enjoy sovereign immunity that would deprive this Court of subject matter jurisdiction over Plaintiffs’ claims. … Relevant to this case, the people of Arkansas have legislatively established a process by which they allow qualified Arkansas voters to vote absentee, rather than in person.

Hopper v. Chancey

District Court, W.D. Arkansas · Oct 21, 2024

• All State Defendants are entitled to qualified immunity in their individual capacity and sovereign immunity in their official capacity. … Plaintiff’s demand for an Oath of Office from all Defendants, as well as his arguments in his Show Cause Reply are all clearly based on sovereign citizen ideology and principles.

Bank of New York v. University Partners, Ltd.

719 F. Supp. 1479 · District Court, W.D. Arkansas · Aug 3, 1989

The answer is obviously that although some ventures financed with “bond money” are not “business loans” under DICMCA, some clearly are. This one is. … BONY argues that Sunbelt and Peterson do not qualify as “strangers” to the BONY-University Partners debt.

Zalazar-Franco v. Karas

District Court, W.D. Arkansas · Dec 20, 2017

Plaintiff did, however, clearly state for Claim One that he was given over ten times’ the amount of insulin he was supposed to receive “by the nurse of this facility.” /d. at 4. … immunity may be raised as a defense.

Russell v. Adams

District Court, W.D. Arkansas · Jul 10, 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 … The Court specifically advised Plaintiff, in its January 30, 2024 Order, he must respond to Defendants’ Motion with evidence establishing a genuine issue of material fact pursuant to Federal Rule 56(e).

Altus-Denning School District No. 31 v. Franklin County

568 F. Supp. 95 · District Court, W.D. Arkansas · Jun 1, 1983

In addition, the Plaintiff School Districts have the power to levy property taxes, subject to the vote of a majority of the qualified voters. Ark.Stat.Ann. § 80-602 et seq., Ark. Const. amend. 40. … However, 31 U.S.C. § 1601 provides clearly that “[s]uch payments may be used by such unit for any governmental purpose.” “Such unit” refers to “unit of local government” as defined in section 1606(c).