Case law

Raper v. Maxwell

District Court, W.D. Arkansas · May 6, 2022

In addition, Defendants argue they are entitled to qualified immunity, Plaintiff does not identify what actions they failed to take to protect him from Covid-19, Defendants were not personally involved or responsible for … To establish personal liability on the part of a defendant, [the plaintiff] must allege specific facts of personal involvement in, or direct responsibility for, a deprivation of [his] constitutional rights.”

Boyd v. Culpepper

District 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.

Evins v. Adams

District Court, W.D. Arkansas · Jun 7, 2019

immunity. … immunity.

Swope v. Bratton

541 F. Supp. 99 · District Court, W.D. Arkansas · May 26, 1982

. § 1983 is established pursuant to 28 U.S.C. § 1343 (3). … defendants, as employees of the defendant city of Camden, did not provide immunity for the municipality.

Solomon v. Corporal Griffin

District Court, W.D. Arkansas · Feb 6, 2018

immunity; and (6) there is no basis for official capacity liability. … Official capacity claims are 4 Because the Court finds there has been no violation of Plaintiff’s constitutional rights, it is not necessary to address the issue of qualified immunity in relation to any of Plaintiff’s

American General Fire & Casualty v. Wal-Mart Stores, Inc.

791 F. Supp. 763 · District Court, W.D. Arkansas · Apr 10, 1992

Plaintiff also notes that it is “well established ... that the purpose of the [Arkansas Long Arm] statute ... was to permit courts in Arkansas, including federal courts, to exercise in personam jurisdiction to the furthest … While there would undoubtedly be some testimony from Louisiana witnesses concerning the fire, plaintiff asserts that this testimony will be of “qualified value since it is undisputed that a fire occurred....

Raymond v. Shue

District Court, W.D. Arkansas · Sep 27, 2018

, sovereign immunity, and qualified immunity. … 484 U.S. 956, 108 S.Ct. 352, 98 L.Ed.2d 378 (1978) (“Despite the absence of an exhaustion requirement in the statutory language of section 2241(c)(3), a body of case law has developed holding that although section 2241 establishes

Islamic Center of Northwest Arkansas v. Church Mutual Insurance Company, S.I.

District Court, W.D. Arkansas · Feb 9, 2026

He has fifteen years of experience in these areas and is qualified to offer his opinions. An expert need not have specialized education to qualify as an expert and may be qualified on experience alone. See Schmidt v. … Clearly, Church Mutual and Mr. Teeman disagree with Mr. Rodriguez, but such disagreement cannot be dismissed out of hand because Mr. Teeman is a professional engineer and Mr. Rodriguez is not. Mr.

Story v. Delaney

District Court, W.D. Arkansas · Jan 30, 2018

immunity; and (3) there is no basis for official capacity liability. … Accordingly, Judge Bryant found it unnecessary to reach the issue of whether Defendant is entitled to qualified immunity.

United States v. Sutton

District Court, W.D. Arkansas · Mar 27, 2024

Additionally, the United States enjoys sovereign immunity from suit and, consequently, can be sued only to the extent it has consented to be sued, and only in the manner established by law. See Loeffler v. … Thus, when suing under the APA, claimants must rely on a separate statutory provision to establish jurisdiction.

In Re Leach

197 F. Supp. 513 · District Court, W.D. Arkansas · Sep 7, 1961

The lapse of time in establishing what the Trustee believes to be the fact can not lend its weight to the allegation of concealment. … “I am of the opinion that the Trustee wholly failed to establish any act of the Bankrupt that would be sufficient to require a revocation of his discharge.

Mitchell v. Wade Lahar Construction Co.

179 F. Supp. 551 · District Court, W.D. Arkansas · Jan 6, 1960

The evidence in the instant cases clearly establishes a change in the thinking of the Corps of Engineers relative to the requirement for clearing reservoirs. … of two qualified witnesses was to the effect that the clearing accomplished under the contracts had no beneficial aspect, insofar as protecting the dam or aiding in its operation.

Pearson v. Gardner

267 F. Supp. 498 · District Court, W.D. Arkansas · May 5, 1967

under the terms of this Act, when the original hearing examiner denied the application, and the Secretary denied the request for review, an appeal should have been taken to this Court within sixty days from that date as clearly … would contribute to symptoms of shortness of breath and general fatigue, the evidence as a whole does not indicate that these impairments would, singly or in combination, constitute disabilities of such severe nature as to qualify

Heishman v. Butler

District Court, W.D. Arkansas · Jul 5, 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 … because there was no clearly established constitutional right to be housed with only COVID-free and COVID-vaccinated inmates).

Jones v. United States

District Court, W.D. Arkansas · Apr 4, 2018

Code Ann. § 5-64-403 clearly contained numerous crimes, some of which likely would not qualify as “serious drug offenses.” … These documents clearly establish that Petitioner was convicted pursuant to Ark. Code Ann. § 5-64-403(c)(5). Accordingly, the question becomes whether a conviction under Ark.

Doe v. Board of Trustees for the University of Arkansas

District Court, W.D. Arkansas · Dec 12, 2023

The Court now turns to whether Doe could become “otherwise qualified” through a “reasonable modification.” … immunity if the record on summary judgment establishes that [the plaintiff] has no valid Title V claim against the defendants.”

Stevens v. Gravette Medical Center Hospital

998 F. Supp. 1011 · District Court, W.D. Arkansas · Feb 23, 1998

He contends the court clearly has the power under 42 U.S.C. § 2000e-5(g) to order the requested injunctive relief. … To qualify as a prevailing party a plaintiff must obtain at least some relief on the merits of his claim.

McRae v. Bradshaw

District Court, W.D. Arkansas · Feb 14, 2019

immunity. … immunity.

Estate of Eusebio Castillo Rodriguez v. Union County Arkansas

District Court, W.D. Arkansas · Jul 26, 2024

As an initial matter, Defendant Union County has statutory immunity from tort actions. See Ark. Code Ann. § 21-9-301 (noting that counties have immunity from liability and suit from tort claims). … That language clearly applies to professions and entities whose purpose is to directly provide medical treatment, such as a physician, nursing home, or pharmacist. Ark. Code Ann. § 16-114- 201(2).

Insurance Co. of North America v. Saltzman

111 F. Supp. 694 · District Court, W.D. Arkansas · Apr 17, 1953

Company, is a Pennsylvania , corporation qualified to do business in the State, of Arkansas, " . , . The defendant, B. N. … The rule is firmly established in Arkansas that the measure of property damages arising out of. an'.automobile collision is the difference .between the market value of the property immediately before the injury and its market