Case law

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  • United States v. Payne

    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 timesPublished
  • King 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 timesUnknown
  • Smith v. Montgomery

    District 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 timesUnknown
  • Bell v. Ross

    District 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 timesUnknown
  • Hawkins v. Dean

    District 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 timesUnknown
  • Ripplemeyer 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 timesPublished
  • Hice v. Phelps

    District 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 timesUnknown
  • Choate v. Runion

    District 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 timesUnknown
  • McReynolds v. Glenn

    District 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 timesUnknown
  • Logan v. Ramsey

    District 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 timesUnknown
  • Lamar v. Dycus

    District 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 timesUnknown
  • Smith-Dandridge v. Geanolous

    District 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 timesUnknown
  • United 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 timesPublished
  • Emrit v. Pratt

    District 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 timesUnknown
  • Martz v. Simmons

    District 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 timesUnknown
  • Walls v. Sagamore Insurance

    274 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 timesPublished
  • Rasheed 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 timesUnknown
  • Stanley v. Katherine Finnegan

    District 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 timesUnknown
  • Floyd 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 timesUnknown
  • Branch 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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