Case law
Opinions from 1658 to today.
835 results
0.81s
8 F. 883 · District Court, W.D. Arkansas · Jul 1, 1881
The courts did not establish it, but the law-making power did. The courts cannot change it, as they do not make the laws. It must be changed by the power that established it. … It has been the policy of the government, when lands were open to settlement, as soon afterwards as possible, to establish *892 a new land district, or attach the lands thrown open to settlement to some district already established
Cited 10 timesPublishedKing v. Baxter County, Arkansas
District Court, W.D. Arkansas · Feb 12, 2024
Title VII; but no clearly established right exists under the equal protection clause to be free from retaliation.” … Sec’y of State, 737 F.3d 1219, 1237 (8th Cir 2013) (reversing denial of qualified immunity on basis of retaliatory discharge claim premised on equal protection guarantee).
Cited 0 timesUnknownDistrict Court, W.D. Arkansas · Feb 27, 2018
a complaint, or any portion of it, if it contains claims that: (a) are frivolous or malicious; (b) fail to state a claim upon which relief may be granted; or, (c) seek monetary relief from a defendant who is immune … Instead, “[tlo establish personal liability of the [Sheriff, the Plaintiff] must allege specific facts of personal involvement in, or direct responsibility for, a deprivation of his constitutional rights.”
Cited 0 timesUnknownDistrict Court, W.D. Arkansas · Nov 7, 2024
Second, they argue Plaintiff cannot establish that he suffered any harm. To the contrary, Plaintiff conceded in his deposition that he has had dozens of seizures over the years. (Id. at 5). … Finally, they argue Defendants are entitled to qualified immunity. (Id. at 3-4).
Cited 0 timesUnknownDistrict Court, W.D. Arkansas · May 14, 2019
Defendant next argues that, alternatively, he is entitled to qualified immunity with respect to Plaintiff’s Fourth Amendment claim. … immunity.
Cited 0 timesUnknownRipplemeyer v. National Grape Co-Op. Ass'n, Inc.
807 F. Supp. 1439 · District Court, W.D. Arkansas · Dec 3, 1992
Clearly, the plaintiff must establish that a security was bought or sold to state a cause of action under Rule 10b-5. … The court merely stated that nothing in the record would suggest that the district court’s finding of no coercion was clearly erroneous. 687 F.2d at 1189 .
Cited 10 timesPublishedDistrict Court, W.D. Arkansas · Jul 20, 2023
Accordingly, no analysis of qualified immunity is necessary here. … 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
Cited 0 timesUnknownDistrict Court, W.D. Arkansas · Sep 11, 2023
any genuine issues of material fact; and (6) if the Court finds any constitutional violations, all County Defendants are entitled to qualified immunity on such violations. … immunity from any such liability.
Cited 0 timesUnknownDistrict Court, W.D. Arkansas · Apr 27, 2018
immunity. … Because Plaintiff has failed to establish a violation of a constitutional right, it is not necessary for the Court to address the issue of qualified immunity. B.
Cited 0 timesUnknownDistrict Court, W.D. Arkansas · Feb 9, 2018
Plaintiff's allegations against Robert Allen are clearly based on his actions as counsel for Plaintiff in his criminal proceeding. DuBose 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.”
Cited 0 timesUnknownDistrict Court, W.D. Arkansas · Sep 30, 2025
On October 24, 2024, Defendants filed a Motion to Dismiss, arguing that Plaintiff failed to state a claim and that qualified immunity would bar Plaintiff’s claims even if he sufficiently alleged them. … ECF No. 28, p. 5-10. 4 The Court notes that Defendants did not make qualified immunity arguments in their objection.
Cited 0 timesUnknownDistrict Court, W.D. Arkansas · Jul 24, 2020
Judgment on the pleadings is appropriate “only if the moving party clearly establishes that there are no material issues of fact and that it is entitled to judgment as a matter of law. Porous Media Corp. v. … Although Washington County Defendants asserted the affirmative defense of qualified immunity in their answer, the defendants did so with the caveat that Plaintiff did not sue the defendants in their individual capacities
Cited 0 timesUnknownUnited States v. 561.14 Acres of Land
206 F. Supp. 816 · District Court, W.D. Arkansas · Jul 18, 1962
A highly qualified appraiser for the Government, Mr. T. A. … But they may be modified in part, or rejected in toto, if they are clearly erroneous.
Cited 2 timesPublishedDistrict Court, W.D. Arkansas · Mar 27, 2023
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. … As Emrit is seeking no monetary damages, clearly the amount in controversy is not met. Therefore, diversity jurisdiction is lacking.
Cited 0 timesUnknownDistrict Court, W.D. Arkansas · Jul 30, 2019
Based on this newly presented evidence, Sheriff Simmons argues that Plaintiff cannot establish a substantive due process violation. Sheriff Simmons also contends that he is entitled to qualified immunity. … Hickey Chief United States District Judge 4 Because no constitutional violation occurred, the Court does not address the issue of qualified immunity.
Cited 0 timesUnknown274 F.R.D. 243 · District Court, W.D. Arkansas · Mar 15, 2011
“Although ... no arbitrary rules regarding the necessary size of classes have been established, the plaintiff bears the burden of establishing in that numerosity does exist.” Mehl v. Canadian Pac. … As stated in Federal Practice and Procedure: A suit predominantly seeking money damages does not qualify under this portion of the rule [Rule 23(b)(2) ].
Cited 12 timesPublishedRasheed v. Texarkana, Arkansas, City of
District Court, W.D. Arkansas · Jan 19, 2018
P. 12(b)(1) for lack of standing, 12(b)(6) for failure to state a claim upon which relief can be granted, qualified immunity for Officer Freeman, and failure to state plausible claim for municipal liability against Texarkana … To establish standing, the Plaintiff must demonstrate: (1) he suffered an injury in fact which is (a) concrete and particularized and (b) actual and imminent; (2) a causal connection between the conduct complained of and
Cited 0 timesUnknownDistrict Court, W.D. Arkansas · Dec 3, 2018
Prior to the instant motion, Finnegan, among others, filed motions to dismiss (Docs. 19, 21, & 22) the Stanleys’ claims on qualified immunity, collateral- attack, and state preclusion grounds. … As the Eighth Circuit clearly stated in its order affirming this Court’s earlier decision, “it is clearly established that the removal of children from their parents’ custody violates a constitutional right if the removal
Cited 0 timesUnknownFloyd v. Trinity Central Home Health, LLC
District Court, W.D. Arkansas · Aug 5, 2024
That’s right I have better immunity than anyone that just has the leaky Covid vaccines or show me the science if I’m wrong. … I’ll challenge my natural immunity and overall health against anyone that works for any of David’s corporations.
Cited 0 timesUnknownBranch v. Hempstead County Memorial Hospital
539 F. Supp. 908 · District Court, W.D. Arkansas · Apr 23, 1982
Of course, the law clearly is that the governing body of a hospital cannot wholly delegate to the staff its duty to see that only qualified physicians practice in a hospital, and it has an independent duty to review and examine … The governing body has a duty to establish procedures that will insure that only qualified doctors provide services to the patients of the hospital in a non-negligent manner, and cannot look the other way simply because some
Cited 4 timesPublished
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