Case law

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.

Estes v. Tabor

District Court, W.D. Arkansas · Sep 30, 2024

As such, he is immune from suit. “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. … 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.”

Tully v. Wal-Mart

District Court, W.D. Arkansas · Jan 16, 2024

However, in a few limited circumstances, a private entity can qualify as a state actor. … To establish diversity jurisdiction, two requirements must be met: (1) the parties must be citizens of different states; and (2) the amount in controversy must exceed $75,000 exclusive of costs and interest. 28 U.S.C.

Badger v. Loe

District Court, W.D. Arkansas · Jul 31, 2019

If necessary, the Court will take up the issue of qualified immunity. A. … Qualified Immunity If a constitutional violation cannot be established, it is unnecessary to conduct a qualified immunity analysis. Saucier v.

Farmer v. Newsome

District Court, W.D. Arkansas · Oct 6, 2021

Qualified Immunity Having found that the facts do not make out a constitutional violation, the Defendants are entitled to qualified immunity. See, e.g., Krout v. … (unless the facts make out a violation of a constitutional right the Defendant is entitled to qualified immunity). D.

McCarthy v. Calvary Baptist Ministries, Inc.

District Court, W.D. Arkansas · Aug 27, 2025

Charitable immunity provides immunity not only from liability but from suit. Id. (citation omitted). … ’s charitable status, such facts “may be presented to a jury,” after which the court will determine whether those facts establish charitable immunity.

Redding v. United States

196 F. Supp. 871 · District Court, W.D. Arkansas · Aug 8, 1961

Redding’s red cells has not been established. * * * ” (Emphasis added.) … These tests and also the hemolytic reaction to the transfusion involve immune reactions and in all of them *879 the patient’s blood was the common factor.

Hoyle v. Priest

59 F. Supp. 2d 827 · District Court, W.D. Arkansas · Jul 30, 1999

. § 7-9-101(8)(Supp.1997). 2 Section 7-9-103(a)(l)(Supp.l997) permits “any person who is a qualified elector of the State of Arkansas” to sign an initiative petition. … It is concise and straightforward: Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or of the right of the

Smith v. Tallant

District Court, W.D. Arkansas · Apr 16, 2024

To establish standing to sue, Plaintiff must show he “suffered an injury in fact that is fairly traceable to the defendant’s challenged action.” Cross v. Fox, 23 F.4th 797, 800 (8th Cir. 2022). … 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

Dillard v. Tallant

District Court, W.D. Arkansas · May 29, 2020

On April 13, 2020, Defendants filed the instant summary judgment motion arguing: 1) Defendants did not violate Plaintiff’s constitutional rights; 2) Defendants are entitled to qualified immunity; and 3) Plaintiff has not … Id. 3 3 Because the Court has found Defendants did not violate Plaintiff’s constitutional rights it is not necessary to address the issue of qualified immunity.

Employers Insurance of Wausau v. Polar Express, Inc.

780 F. Supp. 610 · District Court, W.D. Arkansas · Nov 15, 1991

has a qualified endorsement so as to afford Wausau an opportunity to ascertain if it acquiesces to depositing the same. … In contracts for labor only, the payroll shall be established as not less than 90% of the subcontract price. c.

Parkins v. Nguyen

District Court, W.D. Arkansas · Oct 12, 2018

Plaintiff argues qualified immunity is not appropriate here because he was physically harmed by BCSO officers when he was arrested.’ /d. at 2. … Failure to Train, Official Capacity, and Qualified Immunity Since Plaintiff has failed to establish that he suffered any violations of his constitutional rights as a matter of law, it is unnecessary

Pratt v. Govan

District Court, W.D. Arkansas · Jun 9, 2023

Secondly, even if Plaintiff were able to establish a constitutional violation, Defendant Govan, as Circuit Court Clerk, is immune from suit under the facts alleged. … The filing of court filings is clearly an integral part of the judicial process. See Smith v.

Earls v. Blythe

District Court, W.D. Arkansas · Mar 17, 2025

immunity may be raised as a defense. … Dept., 725 F.3d 825, 828 (8th Cir. 2013) (“multiple incidents involving a single plaintiff could establish a ‘custom’ if some evidence indicates that the incidents occurred over a course of time sufficiently long to permit

Harris

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

In his Motion, Defendant argues: (1) Plaintiff’s claim of retaliation fails as a matter of law; (2) Defendant is entitled to qualified immunity; and (3) there is no basis for Plaintiff’s official capacity claim because … The Court need not reach the issue of qualified immunity because, as explained below, both of Plaintiff’s claims fail as a matter of law. A.

White v. Spells

District Court, W.D. Arkansas · May 3, 2024

They argue the doctrine of sovereign immunity bars Plaintiff’s official capacity claims and qualified immunity bars his individual capacity claims. (ECF No. 65 at 5-6). … Finally, he argues they lost the right to any claim of sovereign immunity or qualified immunity when they conspired with other ADC employees to protect their employer by obstructing Plaintiff’s right to pursue legal claims

Walker v. WalMart, Inc.

District Court, W.D. Arkansas · Sep 26, 2024

The statute of limitation clearly bars Walker from recovering for actions which occurred in 2019. … Ray, 386 U.S. 547, 553-54 (1967) (“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”).

Carrier v. Robison

District Court, W.D. Arkansas · Aug 28, 2023

Hernandez, 504 U.S. 25, 32-33 (1992) (Court must liberally construe the facts unless they are clearly baseless—those that are fanciful, fantastic, and delusional). … Nurse Robison Carrier has clearly stated a plausible individual capacity claim against Nurse Robison.

Golden v. Hood

District Court, W.D. Arkansas · Dec 11, 2020

DFAS also notified Golden that a debt for the prior payments would be established against her if she did not obtain a court order showing the amount of retired pay she was entitled to receive. … do not clearly waive the federal government’s sovereign immunity.

Klingensmith v. Cruz

District Court, W.D. Arkansas · Aug 20, 2020

The Court therefore directed Plaintiff to file an amended complaint that clearly and concisely set forth his claims against each named Defendant. … immunity may be raised as a defense.