Case law

Dillard v. City of Springdale, Arkansas

District Court, W.D. Arkansas · Feb 9, 2022

Pate, the Arkansas Court of Appeals reasoned that even when a wrong is categorized as an “intentional” tort, an analysis of the application of qualified immunity does not stop with that determination … of qualified immunity. 463 S.W.3d 734, 737 (Ark.

Spencer v. Creek

District Court, W.D. Arkansas · May 1, 2019

; and, (3) even if a constitutional violation has been shown, he is entitled to qualified immunity. … Qualified Immunity Because there were no violations of Plaintiff’s constitutional rights, it is not necessary to address the issue of qualified immunity.

Beggs v. Ambrose

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

Defendant argues that he is immune from Plaintiffs’ ADEA claim under the doctrine of sovereign immunity pursuant to the Eleventh Amendment and that no exception applies. ECF No. 16, p. 4. … Plaintiffs further argue that their federal law claim should not be barred by Eleventh Amendment immunity because the exception established in Ex parte Young, 209 U.S. 123 (1908) applies.2 Id.

Johnson v. Griffie

District Court, W.D. Arkansas · Nov 30, 2020

Adams, Griffie, or Burns; that the Defendants did not fail to protect the Plaintiff; and that, alternatively, they are entitled to qualified immunity. … 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.

Rochell v. Cody Ross

District Court, W.D. Arkansas · Feb 25, 2021

His observations as to the false-imprisonment claim were as follows: The district court also denied Ross qualified immunity on Rochell’s Fourth Amendment … He was not, however, entitled to qualified immunity for his subsequent decision—made some time after arriving at the police station and reviewing Mr.

Johnson v. United States

271 F. Supp. 205 · District Court, W.D. Arkansas · Jul 31, 1967

D., a duly qualified Orthopedic Surgeon of good standing, who was at the time employed by the VA Hospital and possesses that degree of skill, possessed by Orthopedic Surgeons of that locality. 1 The plaintiff contends that … It, therefore, became incumbent upon the defendant to produce evidence sufficient to overcome or rebut such inference, and the self-serving post-operative report is clearly insufficient.

Authement v. Carl

District Court, W.D. Arkansas · Jul 23, 2025

Plaintiff also asserts that the “judicially fashioned doctrine of official immunity does not reach so far as to immunize criminal conduct . . . .” … However, there are certain well- established exceptions to the reach of the Eleventh Amendment. Burk v. Beene, 948 F.2d 489, 493 (8th Cir. 1991).

Klingensmith v. Cruz

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

Qualified Immunity  Defendant Jordan alternatively argues that he is entitled to qualified immunity with respect to Plaintiff’s claims against him. … The Court, having determined the facts pled do not support a constitutional violation, finds that Defendant Jordan is entitled to qualified immunity with respect to each of Plaintiff’s claims. See, e.g., Krout v.

Baker v. Brockmeyer

District Court, W.D. Arkansas · Apr 3, 2023

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). 2. … The Eighth Circuit therefore held the deputies to be entitled to qualified immunity on the excessive force claim. Id.; see also Zubrod v.

Baker v. Brockmeyer

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

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). 2. … The Eighth Circuit therefore held the deputies to be entitled to qualified immunity on the excessive force claim. Id.; see also Zubrod v.

Engen v. Board of Trustees of the University of Arkansas

District Court, W.D. Arkansas · Jun 30, 2025

Though part of Plaintiff’s concern was clearly the broader group of candidates, Plaintiff repeatedly expressed concern that Dean Sloan’s decision would be a discriminatory hiring process. … The Court agrees with the parties that Plaintiff’s ACRA claim is barred by the sovereign immunity of the State of Arkansas. “Sovereign immunity is jurisdictional immunity from suit.” State v.

Russell v. Runion

District Court, W.D. Arkansas · Nov 30, 2023

Defendants argue that one instance of mail tampering with no adverse legal consequences fails to establish a violation of the Constitution. (ECF No. 22). … 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

Phillips v. Parker

District Court, W.D. Arkansas · Feb 3, 2025

The “legal uncertainty surely means the alleged constitutional right to informational privacy is not ‘beyond debate’ in the Eighth Circuit” which would entitle Defendant Parker to qualified immunity. Id. … To prevail on a failure to protect claim, Phillips must establish: (1) he was “incarcerated under conditions posing a substantial risk of serious harm,” and (2) prison officials were 2 https://sexoffenderregistry.ar.gov

Sandusky v. Celebrezze

210 F. Supp. 219 · District Court, W.D. Arkansas · Nov 8, 1962

Section 205 of the Social Security Act, as amended, very clearly states that the Administrator’s records shall be evidence of wages paid as well as for the periods for which those wages were paid. … , 26, 28, 29 and 30, which netted earnings of more than $50 and that he could have demanded that Bynum Stave Company pay him at the end of each work day, that this would constitute payment during a quarter sufficient to qualify

Emery v. Helder

District Court, W.D. Arkansas · Feb 5, 2018

To survive a summaryjudgment motion on qualified immunity grounds a plaintiff must establish there is a genuine issue of material fact as to whether the defendants violated his clearly established constitutional rights. … Qualified immunity on Plaintiff's First Amendment news media claim is denied. 10.

Hodgson v. American Can Co.

317 F. Supp. 152 · District Court, W.D. Arkansas · Sep 23, 1970

It is also true that the disposition of this case by the Court of Appeals involved the resolution of issues of law which at the time this case was filed were clearly unsettled. … might be granted a party or his legal representative “from a judgment, order, or proceeding taken against him through his mistake, inadvertence, surprise, or excusable neglect. * * * The 1946 revision of 60(b) deleted the qualifying

Mixon v. Anderson (In Re Ozark Restaurant Equipment Co.)

61 B.R. 750 · District Court, W.D. Arkansas · May 22, 1986

Clearly, however, this right extends only to the limits of the misconduct. … It does not extend to all debts of the corporation, some of which may arise because of bad business climate or managerial decisions immunized under the “business judgment rale.”

Scholtes v. Signal Delivery Service, Inc.

548 F. Supp. 487 · District Court, W.D. Arkansas · Sep 21, 1982

Counce has failed to establish a cause of action for breach of contract. … It is clear that any privilege arising from communications between former employers and prospective employers would be qualified. Andrews v. Mohawk Rubber Co., 474 F.Supp. 1276 (E.D.Ark.1979).

Howard v. Tribble

District Court, W.D. Arkansas · Nov 4, 2019

immunity; and 4) there is no basis for official capacity liability. … This alone is enough to establish probable cause for the arrest of the Plaintiff.

Goldberg v. Arkansas Best Freight System, Inc.

206 F. Supp. 828 · District Court, W.D. Arkansas · Jul 20, 1962

“The many adjudicated cases also establish that each case presents primarily a question largely factual m nature. … He clearly meets all of the other requirements of the exemption.