Case law
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District Court, W.D. Arkansas · Aug 13, 2018
Personal capacity claims, on the other hand, 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 as a defense.
Cited 0 timesUnknownDistrict Court, W.D. Arkansas · Mar 21, 2023
or immunities secured by the Constitution and laws” of the United States. 42 U.S.C. § 1983; see also DuBose v. … Second, it is clearly established that ongoing state criminal proceedings implicate the state’s important interest of enforcing its criminal laws. See, e.g., Meador v. Paulson, 385 F.
Cited 0 timesUnknown78 F. Supp. 295 · District Court, W.D. Arkansas · Jun 19, 1948
Civil rights (which rights are referred to by the Supreme Court in the foregoing quotation) “have no relation to the establishment or management of the government. … “Courts ought not to enter this political thicket. * * * The Constitution has many commands that are not enforceable by courts because they clearly fall outside the conditions and purposes that circumscribe judicial action
Cited 0 timesPublishedDistrict Court, W.D. Arkansas · Feb 24, 2022
A “clearly erroneous” standard of review applies to the portions of a magistrate judge’s report and recommendation to which no objections have been made. See Grinder v. … “[I]t is well established that a municipality [or county] cannot be held liable on a respondeat superior theory, that is, solely because it employs a tortfeasor.” Atkinson v.
Cited 0 timesUnknown284 F. Supp. 203 · District Court, W.D. Arkansas · May 6, 1968
The authorities cited by Warren clearly state that restitution will lie where third parties have misappropriated the property in question. See (Pellerin and Arkansas Airmotive, supra.) … The complaint of Kimbell in the Clark Chancery Court clearly indicates that Kimbell was at all times aware of the claim of Warren and of Warren’s equitable interest in the property.
Cited 9 timesPublishedDistrict Court, W.D. Arkansas · Nov 12, 2024
When Bryan “went to turn on [his] camera phone that was clearly in [his] hand,” Bryan was “yanked out of the car and accused of reaching for something.” (ECF No. 1 at 4). Bryan was cuffed and arrested. Id. … An officer is entitled to “qualified immunity for a warrantless arrest if the arrest was supported by at least ‘arguable probable cause.’” Jospeh v. Allen, 712 F.3d 1222, 1226 (8th Cir. 2013).
Cited 0 timesUnknownDistrict Court, W.D. Arkansas · Mar 8, 2023
They further argue that they are entitled to qualified immunity for the individual capacity claims and that Plaintiff failed to allege that any MCDC policy violated his rights for the official capacity claims. … Therefore, Judge Bryant determined that Defendant Runion is entitled to qualified immunity and Defendants are entitled to summary judgment on this claim. Id.
Cited 0 timesUnknownRamthun v. Bryan Career College-Inc.
93 F. Supp. 3d 1011 · District Court, W.D. Arkansas · Mar 18, 2015
A class that meets these four requirements may proceed with its action if it also qualifies as one of the types of actions that may be maintained under Rule 23(b). … Education does not appear to qualify as a “good” as that term is defined in UCC Article 2. Ark.Code § 4-2-105.
Cited 3 timesPublished389 F. Supp. 2d 1057 · District Court, W.D. Arkansas · Sep 2, 2005
The privilege is a qualified one, and “when the existence of such a conditional privilege is established, there is a need to balance the public interest in nondisclosure against the need of the particular litigant for access … It clearly does not carry that import.
Cited 2 timesPublishedDistrict Court, W.D. Arkansas · Aug 28, 2024
Plaintiff asserts that Defendants clearly acted 0F under color of law as his public defenders during state criminal proceedings against him. … However, precedent has long established that public defenders are not individuals acting under color of law with regards to § 1983 when carrying out their official duties representing a defendant in criminal proceedings
Cited 0 timesUnknownDistrict Court, W.D. Arkansas · Mar 21, 2024
immunity. … In 2020, the Eighth Circuit clearly established that the Fourteenth Amendment standard, and not the Eighth Amendment standard, applied to conditions of confinement claims. In Stearns v. Inmate Servs.
Cited 0 timesUnknownDistrict Court, W.D. Arkansas · Apr 1, 2019
immunity may be raised as a defense. … Ross, 70 F.3d 1005, 1007 (8th Cir. 1995) (prison officials are entitled to qualified immunity from claims arising out of a surprise attack by one inmate on another, even when officials knew the attacking inmate may be
Cited 0 timesUnknownWright v. Bella Vista Police Department
District Court, W.D. Arkansas · Apr 3, 2020
immunity. … Hennepin Cnty., 427 F.3d 1123, 1127 (8th Cir. 2005) (citation omitted). 4 There is no need for the Court to consider whether Defendants are entitled to qualified immunity
Cited 0 timesUnknownDistrict Court, W.D. Arkansas · May 17, 2022
Clearly, the selling of a product that does not act as advertised does not fall within the definition of an act of international terrorism. … Terrorism Risk Insurance Act (“TRIA”) Section 1605A of the Foreign Sovereign Immunities Act (“FSIA”) provides a terrorism exception to the jurisdictional immunity of a foreign state. 28 U.S.C
Cited 0 timesUnknown232 F. Supp. 419 · District Court, W.D. Arkansas · Aug 7, 1964
The defendant Secretary’s findings of fact must be affirmed unless they are, of course, clearly erroneous, Hawkins v. Celebrezze, (W.D.Ark.1962) 210 F.Supp. 341 . … In both cases attorneys attempted to either establish or deny self-employment income to qualify for old-age benefits on the basis of alleged facts which on the surface were unreasonable. In Livingstone v.
Cited 1 timesPublishedUnited States v. Wiley's Cove Ranch
181 F. Supp. 371 · District Court, W.D. Arkansas · Mar 3, 1960
The fact that the-purchase of hay or other feed at. regular prices may not be profitable-to the applicant is not sufficient to qualify him for assistance. … Some kinds of presidential action clearly have to be unreviewable, including calling out militia and recognizing a foreign government.”
Cited 3 timesPublishedDistrict Court, W.D. Arkansas · Oct 16, 2019
However, the Court will not dismiss all of Plaintiff’s claims without prejudice because some of the claims can be dismissed with prejudice for being clearly frivolous, as they are asserted against individuals who are immune … “Judicial immunity is an immunity from suit, not just from ultimate assessment of damages.” Mireles, 502 U.S. at 11.
Cited 0 timesUnknownDistrict Court, W.D. Arkansas · Feb 18, 2020
immunity may be raised as a defense. … Deliberate indifference is established when the Plaintiff shows “the defendant was substantially aware of but disregarded an excessive risk to inmate health or safety.”
Cited 0 timesUnknownDistrict Court, W.D. Arkansas · Aug 30, 2023
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 … Furthermore, failing to follow jail policy does not establish a failure to train or supervise claim.
Cited 0 timesUnknownUnited States v. First Nat. Bank of Fort Smith, Ark.
173 F. Supp. 716 · District Court, W.D. Arkansas · Jun 2, 1959
fraud in his tax return in order to establish its right to inspect records of the kind sought here under the statute. … But that duty is qualified, and to whatever extent it may go, that duty is superseded by the present statute.
Cited 13 timesPublished
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