Case law

Hansler v. Kelley

District Court, W.D. Arkansas · Nov 13, 2018

any violation of his constitutional rights, or rights under RLUIPA; and 3) Defendant are entitled to qualified immunity because Plaintiff failed to establish any violations of his constitutional rights or rights under … Qualified Immunity As there were no violations of Plaintiff’s rights under either the constitution or RLUIPA, it is not necessary to address the issue of qualified immunity

Lee v. Kansas City Southern Ry. Co.

206 F. 765 · District Court, W.D. Arkansas · Jan 11, 1913

It clearly appears from the testimony that this examination was made for the purpose of qualifying the witness to testify for the plaintiff at the trial of this case. … From the foregoing authorities it clearly appears that the testimony of Dr. J. R.

Grubbs v. United Mine Workers of America

723 F. Supp. 123 · District Court, W.D. Arkansas · Feb 21, 1989

The 1974 Benefit Plan refused to pay the benefits to the pensioners because Royal had a solvent parent company and therefore did not qualify as being no longer in business. … According to the court, the 1974 Benefit plan and Trust was established and continued in order to supply the health benefit needs of “orphaned” retirees.

Bey v. Short

District Court, W.D. Arkansas · Feb 26, 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. … Likewise, 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.

Smith v. Walker

District Court, W.D. Arkansas · Sep 19, 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.’” … Judge Bryant then concludes that Plaintiff’s failure to establish a claim for violation of his constitutional rights requires that Defendant Golden be granted qualified immunity.

Parker v. Jackson

District Court, W.D. Arkansas · Feb 14, 2020

is only entitled to qualified immunity). … Probation Officer Villines may still be entitled to qualified immunity. However, the Court cannot make that determination on the basis of the allegations in the Amended Complaint.

King v. Cochran

419 F. Supp. 54 · District Court, W.D. Arkansas · Aug 26, 1976

The complaint alleges that the compulsory retirement age established for teachers by the laws of the State of Arkansas is age 72. … This burden has clearly not been met. The Court finds that the Board’s policy was adopted with the intent, as stated, of reducing the average age of the teachers.

King v. Vorhease

District Court, W.D. Arkansas · May 29, 2025

Because Plaintiff has not established a cognizable § 1983 claim against his former public defender, and Judge Gibson and Sandra Bradshaw are immune from suit, this claim should also be dismissed. … Such decisions, including what and how to prosecute, are questions of strategy that are clearly covered by prosecutorial immunity.

Morgan v. Hinely

District Court, W.D. Arkansas · Jul 21, 2022

Qualified Immunity As noted above, the contract medical service providers are not entitled to qualified immunity. Davis, 11 F.4th at 617. … Qualified Immunity Having found that the facts do not make out a constitutional violation, the County Defendants are entitled to qualified immunity.

United States v. 1,096.84 Acres in Marion County

99 F. Supp. 544 · District Court, W.D. Arkansas · Aug 31, 1951

The said lands have been selected by me for acquisition by the United states for use in connection with the establishment of the Bull Shoals dam and reservoir and for such other uses as may be authorized by Congress or by … The power of the Government to condemn private property for public use is *547 conceded by all parties, as, indeed, it must be, but the extent to which the courts may review the exercise of that power is not so clearly defined

Wallis v. Sherry

District Court, W.D. Arkansas · Mar 20, 2018

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).

Sanford v. Robinson

District Court, W.D. Arkansas · Apr 12, 2024

False Imprisonment/False Arrest Claim An officer is entitled to “qualified immunity for a warrantless arrest if the arrest was supported by at least ‘arguable probable cause.’” … 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.

Nowlin v. Sylvester

District Court, W.D. Arkansas · Jun 23, 2023

Nowlin contends he needs transcripts and other documents to file (presumably a habeas petition) in federal court to establish his actual innocence. (ECF No. 12 at 4). … Univ. of Ark., 889 F.3d 471, 473 (8th Cir. 2018)(Eleventh Amendment establishes that “an unconsenting State is immune from suits brought in federal courts by her own 2 In certain circumstances, the state must provide

Thomas v. Arnold

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

Further, having found that the facts do not make out a constitutional violation, Defendants are entitled to qualified immunity. See, e.g., Krout v. … Further, having found that the facts do not make out a constitutional violation, Defendants are entitled to qualified immunity.

Guirlando v. City Tel-Coin Company, Inc.

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

A “clearly erroneous” standard of review applies to the portions of a report and recommendation that are not objected to. See Grinder v. … Judge Bryant also found that a determination regarding whether CTC is entitled to qualified immunity cannot be made at this time because the record is insufficient.

Kykendall v. Roberts

District Court, W.D. Arkansas · Nov 8, 2024

Qualified immunity protects government officials from liability for monetary damages unless, at the time of the alleged violation, their conduct violated a clearly established statutory or constitutional right. … do not make out a constitutional violation, Defendants are entitled to qualified immunity.

Buikema v. McGrew

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

The video of altercation clearly showed me trying to comply. Inmate Stone continued attacking me disregarding Sgt. McGrews orders. Sgt. … immunity.

Rogers v. Hollenbeck

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

immunity may be raised as a defense. … Thus, even if Plaintiff had brought a personal capacity claim, the prison officials would have been entitled to qualified immunity. See Prosser v.

Pettit v. Walraven

District Court, W.D. Arkansas · Jul 11, 2025

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 … First, it is well established that “[v]erbal threats do not constitute a constitutional violation.” Martin v. Sargent, 780 F.2d 1334, 1339 (8th Cir. 1985).

Kirkendall v. Harbor Insurance

698 F. Supp. 768 · District Court, W.D. Arkansas · Oct 21, 1988

This document clearly indicates that all blood or plasma should be tested for HTLV-III antibody by ELISA as soon as such testing became commercially available. … See Joint Statement on Acquired Immune Deficiency Syndrome Related to Transfusion, supra.