Case law

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.

Philippe v. Window Glass Cutters League of America

99 F. Supp. 369 · District Court, W.D. Arkansas · Aug 9, 1951

The procedure to be followed in the case of civil contempt is not so clearly defined. … “It does not lie in their mouths to say that they have an immunity from civil contempt because the plan or scheme which they adopted was not specifically enjoined.

Caldwell

District Court, W.D. Arkansas · Oct 24, 2025

be granted; and (3) they are entitled to qualified immunity for claims brought against them in their individual capacities. … capacities for money damages; (2) Plaintiff has failed to assert a plausible claim for relief against the ADC Defendants; and (3) the ADC Defendants are entitled to qualified immunity for the claims brought against them

Jones v. United Savings & Loan Ass'n (In Re U.S.A. Inns of Eureka Springs, Arkansas, Inc.)

151 B.R. 492 · District Court, W.D. Arkansas · Feb 12, 1993

On June 10, 1989, a qualified appraiser retained by United had appraised the fair market value of the collateral at $2,620,000.00. … The Sixth Circuit panel found that “Congress clearly intended to establish separate, discrete, and independent requirements which a creditor would have to fulfill to prevent avoidance ... and to hold otherwise would not only

Devine v. Walker

District Court, W.D. Arkansas · Dec 19, 2022

Finally, they argue they are entitled to qualified immunity for individual capacity claims, and there is no evidence of an unconstitutional custom or policy to support an official capacity claim. (Id. at 3). … He is, therefore, is entitled to qualified immunity.

Doe v. University of Arkansas - Fayetteville

District Court, W.D. Arkansas · Apr 3, 2019

Qualified Immunity UA asserts that the individual capacity defendants are entitled to qualified immunity. … Qualified immunity “shields government officials from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have

Klingensmith v. Cruz

District Court, W.D. Arkansas · Mar 16, 2022

Klingensmith had met his burden, the Court agrees with the Magistrate Judge that Deputy Cruz is deserving of qualified immunity for the second attack. … Qualified immunity protects “all but the plainly incompetent or those who knowingly violate the law.” Malley v. Briggs, 475 U.S. 335, 341 (1986).

Bushmiaer v. United States

131 F. Supp. 589 · District Court, W.D. Arkansas · May 27, 1955

“Because the estate was clearly not in a position to pay the proposed tax liability, the personal representatives were threatened constantly with the probability of jeopardy assessment of the asserted tax and the immediate … By the enactment of Section 7422 of the Internal Revenue Code of 1954, 26 U.S.C.A. and its predecessors, the United States waived its sovereign immunity from suit.

Chappell v. Helder

696 F. Supp. 2d 1021 · District Court, W.D. Arkansas · Mar 1, 2010

The establishment clause clearly applies to state action. Everson v. Board of Education, 330 U.S. 1 , 67 S.Ct. 504 , 91 L.Ed. 711 (1947). … The evidence at hearing was definitive that the process to determine if a book qualifies for the “religious text” restriction is quite uncertain.

Blanscet v. Celebrezze

217 F. Supp. 859 · District Court, W.D. Arkansas · Jun 10, 1963

The legal standards applicable to a case of this nature have been clearly and concisely set forth in a recent decision of the Court of Appeals for the-Eighth Circuit, Celebrezze v. … 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

Wetzel v. Regions Bank (In Re Reagan)

433 B.R. 263 · District Court, W.D. Arkansas · Apr 15, 2010

Reagan is entitled to the present and future income from the spendthrift trust established by the will of Mr. Reagan. … In Patterson , the Court held that the antialienation provision in a qualified ERISA plan was a restriction on transfer enforceable pursuant to section 541(c)(2) and therefore properly excluded from the bankruptcy estate.

McArty v. Faust

District Court, W.D. Arkansas · Jul 10, 2019

Defendants also argue that they are entitled to qualified immunity. A. … clearly established at the time of the alleged misconduct.’”

Hardy

District Court, W.D. Arkansas · May 15, 2026

To establish personal liability of the supervisory defendants, [Plaintiff] must allege specific facts of personal involvement in, or direct responsibility for, a deprivation of his constitutional rights.” … Plaintiff has failed to state a cognizable constitutional violation related to his mail against either Defendant.1 The mail at issue does not qualify as legal mail requiring constitutional protections. In Wolff v.

Riley v. Jones

District Court, W.D. Arkansas · Feb 7, 2025

“Few doctrines were more solidly established at common law than the immunity of judges from 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.

Davis v. Daniel

District Court, W.D. Arkansas · Apr 4, 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).

Scharnhorst v. Cantrell

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

Qualified immunity “shields police officers from lawsuits based on official conduct if reasonable officers in the same position could have believed their conduct was lawful in light of clearly established law and the … To overcome qualified immunity, “a plaintiff must allege (1) a violation of his statutory or constitutional rights, and (2) that the right was clearly established at the time of the defendant’s alleged misconduct.”

Striegel

District Court, W.D. Arkansas · Nov 25, 2025

Plaintiff alleges that his mouth “hurt” and that he “clearly need[ed] to be seen by [a] medical” professional at the time of the incident. (ECF No. 1, at 9). … its immunity, or the Ex Parte Young doctrine applies.

Rogers v. Silva

District Court, W.D. Arkansas · Sep 15, 2023

“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. Ray, 386 U.S. 547, 553-54 (1967). … “[T]here is no clearly established constitutional right to a haircut.” Simmons v. Lanigan, No. 16-4215, 2021 WL 1712577, *6 (D.N.J. Apr. 30, 2021) (cleaned up).

McGill

District Court, W.D. Arkansas · Oct 14, 2025

Plaintiff clearly disagrees with Judge Delay’s decisions, and he may even believe that those decisions were wrongly decided, or that Judge Delay acted with malice or in a manner unbecoming of a judicial officer in issuing … It is well established that “absolute immunity has been extended to acts that are discretionary, taken at the direction of a judge, or taken according to court rules.” Hamilton v.

Wilson v. Jenkins

District Court, W.D. Arkansas · Sep 6, 2022

against him in his individual capacity are barred by qualified immunity; (3) Wilson failed to state a claim for injunctive relief because no action alleged amounts to a constitutional violation; and (4) Wilson’s Complaint … Claims against the State of Arkansas are barred by Eleventh Amendment immunity. See Campbell v.