Case law

Opinions from 1658 to today.

Filtersarwd

835 results

1.15s

  • Durflinger v. Helder

    District Court, W.D. Arkansas · Oct 21, 2021

    clearly established statutory or constitutional rights of which a reasonable person would have known. … As no individual officers were found liable and they are entitled to qualified immunity, Washington County cannot be held liable. Ivey v.

    Cited 0 timesUnknown
  • Hamilton v. Covington

    445 F. Supp. 195 · District Court, W.D. Arkansas · Jan 17, 1978

    In finding county commissioners entitled to a qualified immunity, Judge Robinson stated in Adler v. … Since the individual members of the quorum court are entitled to only a qualified immunity, their motions to dismiss must be denied.

    Cited 6 timesPublished
  • Robert W. Avery v. Hill

    District Court, W.D. Arkansas · Aug 27, 2019

    “Qualified immunity protects public officials from damage actions if their conduct did not violate clearly established rights of which a reasonable person would have known.” Morris v. … “Qualified immunity requires a two-part inquiry: (1) whether the facts shown by the plaintiff make out a violation of a constitutional or statutory right, and (2) whether that right was clearly established at the time of

    Cited 0 timesUnknown
  • Udey v. District Director

    534 F. Supp. 219 · District Court, W.D. Arkansas · Jan 22, 1982

    The law clearly is that a federal officer is absolutely immune from action based upon common law torts occurring within the scope of the officer’s duty. Spalding v. … In Butz, supra, the United States Supreme Court held that even where the absolute immunity doctrine does not apply, federal officers still have a qualified immunity and are immune from suit except where they “discharge their

    Cited 1 timesPublished
  • Gibson v. Reynolds

    77 F. Supp. 629 · District Court, W.D. Arkansas · May 12, 1948

    No case concerning officers acting in these particular official capacities has been called to the attention of the court, but clearly these defendants are protected by the rule of immunity. … At the outset we call attention to the established law that public officers when acting within the scope of their official authority are immune from suits for damages.

    Cited 4 timesPublished
  • Brown v. Moore

    93 F. Supp. 3d 1032 · District Court, W.D. Arkansas · Mar 18, 2015

    Qualified Immunity Defendants make the argument that they are entitled to summary judgment on all individual capacity claims on the basis of qualified immunity. … They assert that “Plaintiff cannot offer any proof of any violation of clearly established law by the Defendants because any theory of liability requires some knowledge of the risk.” Doc. 56 at pg. 14.

    Cited 8 timesPublished
  • Anable v. Ford

    663 F. Supp. 149 · District Court, W.D. Arkansas · Sep 6, 1985

    As to defenses, an official in a personal-capacity suit may assert personal immunity defenses, such as “good faith” qualified immunity, Wood v. Strickland, supra, or some defenses based upon absolute immunity, Imbler v. … The only immunity available in an official capacity suit is some form of sovereign immunity that the entity possesses by virtue of its status as a governmental entity.

    Cited 4 timesPublished
  • Burch v. Naron

    333 F. Supp. 2d 816 · District Court, W.D. Arkansas · Aug 16, 2004

    Government officials performing discretionary functions have a qualified immunity defense to § 1983 claims insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … Accordingly, qualified immunity is not available to Deputy Naron.

    Cited 2 timesPublished
  • Corona-Cervantes v. Karas

    District Court, W.D. Arkansas · Dec 28, 2017

    Having found that the facts do not make out a constitutional violation, Defendant Le is entitled to qualified immunity. See, e.g., Krout v. … Karas is 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).

    Cited 0 timesUnknown
  • Moises A. Quinteros-Orellana v. Deon T. Clay

    District Court, W.D. Arkansas · Jun 18, 2026

    clearly established law. … Because a right is not clearly established unless it is “beyond debate,” a decision “shedding doubt on” a right is often enough to grant qualified immunity.

    Cited 0 timesUnknown
  • Finch Ex Rel. Ebert v. Texarkana School District No. 7

    557 F. Supp. 2d 976 · District Court, W.D. Arkansas · Apr 3, 2008

    Precedent from this circuit clearly establishes that compulsory school attendance does not amount to “custody” for the purposes of this exception. Dorothy J. v. Little Rock Sch. Dist., 7 F.3d 729 , 732 (8th Cir.1993). … The parties do not dispute that Arkansas law provides immunity to the School District for this claim.

    Cited 2 timesPublished
  • Haro

    District Court, W.D. Arkansas · Dec 19, 2025

    LEGAL STANDARD The doctrine of qualified immunity “shields government officials from liability in a § 1983 action unless the official’s conduct violates a clearly established constitutional … Brown remains entitled to qualified immunity because that violation was not clearly established as of December 16, 2024. Mr.

    Cited 0 timesUnknown
  • Dos Santos, S.A. v. Beebe

    418 F. Supp. 2d 1064 · District Court, W.D. Arkansas · Mar 6, 2006

    The state action immunity doctrine arose out of the case of Parker v. … Duffy, 479 U.S. 335 , 107 S.Ct. 720 , 93 L.Ed.2d 667 (1987), the Court noted that it had, over time, established a two-part test for determining state action immunity under Parker : the challenged restraint must be “clearly

    Cited 3 timesPublished
  • Haro

    District Court, W.D. Arkansas · Dec 18, 2025

    LEGAL STANDARD The doctrine of qualified immunity “shields government officials from liability in a § 1983 action unless the official’s conduct violates a clearly established constitutional … Brown remains entitled to qualified immunity because that violation was not clearly established as of December 16, 2024. Mr.

    Cited 0 timesUnknown
  • Watkins v. Oaklawn Jockey Club

    86 F. Supp. 1006 · District Court, W.D. Arkansas · Nov 4, 1949

    the controversy a duly appointed, qualified and acting Deputy Sheriff of Garland County, Arkansas. … Some of the more basic and fundamental rights have been absorbed by the privileges and immunities clause, Hague et al. v. C. I.

    Cited 23 timesPublished
  • Harris v. Payne

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

    Third, they argue they are entitled to qualified immunity. … Qualified Immunity Defendants’ final argument is that they are entitled to qualified immunity.

    Cited 0 timesUnknown
  • Brown v. Gammage

    District Court, W.D. Arkansas · Mar 24, 2022

    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, Plaintiff must allege (1) a violation of his statutory or constitutional rights, and (2) that “the right at issue was ‘clearly established’ at the time of [the] defendant’s alleged misconduct

    Cited 0 timesUnknown
  • Gentry v. Sieger

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

    Qualified immunity “shields [a] government official[] from liability in a § 1983 action unless the official’s conduct violates a clearly established constitutional or statutory right of which a reasonable person … Without a constitutional violation, Defendant Rogers is entitled to qualified immunity under the first prong of the qualified immunity analysis, and the Court need not determine whether the particular right is clearly

    Cited 0 timesUnknown
  • Ferrell

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

    Qualified immunity “shields government officials from liability in a § 1983 action unless the official’s conduct violates a clearly established constitutional or statutory right of which a reasonable person would have … “Toward this end, police officers have qualified immunity from liability in their individual capacity unless they violate a clearly established right of which a reasonable person would know.” Id.

    Cited 0 timesUnknown
  • Raper v. Maxwell

    District Court, W.D. Arkansas · Sep 15, 2022

    Qualified immunity “shields [a] government official from liability in a § 1983 action unless the official’s conduct violates a clearly established right of which a reasonable person would have known.” Brown v. … To defeat qualified immunity, Raper must show Defendants violated his clearly established constitutional rights.

    Cited 0 timesUnknown

Ask Donna

Ask Donna

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.