Case law

Roe v. Cargill, Inc.

333 F. Supp. 2d 808 · District Court, W.D. Arkansas · Apr 20, 2004

The evidence supported the conclusion that the buyer for Plaintiffs’ farm, Willis O’Connell, was a qualified buyer. b. … An award manifests a disregard for the law where an arbitrator clearly identifies the governing law and then ignores it. See Hoffman, 236 F.3d at 461 .

Howard v. Tribble

District Court, W.D. Arkansas · Dec 17, 2018

Pachtman, 424 U.S. 409 (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.” Id. at 427. … capacity is only entitled to qualified immunity).

United Building & Loan Ass'n v. Garrett

64 F. Supp. 460 · District Court, W.D. Arkansas · Feb 12, 1946

Garrett, all formal requirements for creating a valid trust are clearly met. … That this provision does not make the instrument testamentary in character or evidence an intention of the settlor to effect a testamentary disposition of his property, is clearly established in Arkansas and a majority of

Walker v. Watson

District Court, W.D. Arkansas · Sep 30, 2022

“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.’” … Official Capacity Claims and Qualified Immunity Judge Bryant recommends that all Defendants be granted qualified immunity against Plaintiff’s claims because there have not been any violations of Plaintiff

Nard v. King

District Court, W.D. Arkansas · Aug 15, 2018

Prisoners do not have a clearly established right to receive free medical care. Reynolds v. Wagner, 128 F.3d 166, 174 (3d Cir. 1997). … immunity.

Doe v. Board of Trustees for the University of Arkansas

District Court, W.D. Arkansas · Nov 28, 2022

Sovereign Immunity a. ADA Claims Defendants assert that sovereign immunity bars Ms. Doe’s ADA claims. … Because the Law School is clearly a department or campus of the University of Arkansas, Ms. Doe’s claims against the Law School must fail.

Huskey v. Hart

District Court, W.D. Arkansas · Jan 19, 2023

Because there was no constitutional violation, they next argue they are entitled to qualified immunity. … 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).

Jones v. Arkansas Division of Correction

District Court, W.D. Arkansas · Sep 13, 2022

immunity may be raised as a defense. … (“To establish liability in an official-capacity suit under section 1983, a plaintiff must show either that the official named in the suit took an action pursuant to an unconstitutional governmental policy or custom .

Arnold v. Washington County Sheriff's Department

District Court, W.D. Arkansas · Sep 30, 2018

Qualified Immunity, Excessive Force, and Accidental Discharge The County Defendants’ next argument is that Deputy Rennie is entitled to qualified immunity, because his use of the Taser was reasonable under the circumstances … immunity.

Lee v. Cox

District Court, W.D. Arkansas · Nov 13, 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 … Claims One and Two The material facts as to whether Plaintiff filed initial grievances on his Claims One and Two are clearly disputed.

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

Mayfield v. Raymond

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

excessive force, the next inquiry is whether Jailer Raymond is entitled to qualified immunity for this act. … in the light most favorable to the Plaintiff, establish a violation of a constitutional right; and (2) whether that constitutional right was clearly established as of the time of the relevant conduct such that a reasonable

Taylor ex rel. Taylor v. Kawneer Co. Comprehensive Medical Expense Plan for Salaried Employees

898 F. Supp. 667 · District Court, W.D. Arkansas · Sep 7, 1995

Clearly Kelly Taylor, who had not been conceived at the time of the qualifying event, was not a beneficiary under the Kawneer Plan as a dependent child on the day before Debbie Taylor’s job was eliminated. … Under the circumstances of this case, we conclude the plaintiff has failed to establish the requisite elements of equitable estoppel. There were no oral interpretations of the plan relied on by the plaintiff.

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”).

Martz v. Webb

District Court, W.D. Arkansas · Apr 22, 2020

On May 20, 2019, Defendants filed a Notice of Interlocutory Appeal from the Court’s denial of qualified immunity and summary judgment as it related to Plaintiff’s claims against Defendants Randall, Gentry, Cravens, Dowdle … On January 8, 2020, the Eighth Circuit Court of Appeals reversed the District Court’s decision on qualified immunity for excessive force and deliberate indifference based on Defendants’ alleged failure to deny Plaintiff

Murguia v. Childers

District Court, W.D. Arkansas · Mar 2, 2021

Sovereign Immunity Defendant first asserts that the Ex parte Young exception to state sovereign immunity does not apply here because Ms. … While Defendant's attempt to invoke sovereign immunity as to Ms. Murguia’s federal-law claims is entirely without merit, it does appear to the Court that sovereign immunity may bar her state-law claim.

Price v. Wilcox Oil Co.

118 F. Supp. 27 · District Court, W.D. Arkansas · Feb 5, 1954

Price, plaintiff herein, is the duly appointed and qualified trustee in bankruptcy for the said G. G. Roberts, bankrupt, and brings this suit in his capacity as trustee. 2. … All the necessary elements of a preference have been clearly established in the instant case except two, i. e., (1) insolvency of the debtor at the time of the transfer, and (2) that the transferee or his agent knew or had

Davidson v. Helder

District Court, W.D. Arkansas · Dec 19, 2019

Qualified Immunity on the Personal Capacity Claims Defendants contend that they are entitled to qualified immunity on Davidson’s claims against them in their individual capacities. … “Qualified immunity shields a government official from liability when his conduct does not violate ‘clearly established statutory or constitutional rights of which a reasonable person would have known.’” Krout v.

Colbert v. Rickmon

747 F. Supp. 518 · District Court, W.D. Arkansas · Aug 6, 1990

On review, the Supreme Court held that the Trial Lawyers’ conduct was not clearly outside the scope of the Sherman Act nor immunized by the First Amendment. … The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish.

Taylor v. KAWNEER CO. COMP. MED. EXPENSE PLAN

898 F. Supp. 667 · District Court, W.D. Arkansas · Sep 7, 1995

Clearly Kelly Taylor, who had not been conceived at the time of the qualifying event, was not a beneficiary under the Kawneer Plan as a dependent child on the day before Debbie Taylor's job was eliminated. … Under the circumstances of this case, we conclude the plaintiff has failed to establish the requisite elements of equitable estoppel. There were no oral interpretations of the plan relied on by the plaintiff.