Case law

Opinion No.

Arkansas Attorney General Reports · Oct 21, 2005

In federal court, the county may be able to claim "qualified immunity." … Qualified immunity applies to the actions of individual officers and employees who undertook the performance of their governmental duties in good faith and whose actions did not violate a clearly established constitutional

Opinion No.

Arkansas Attorney General Reports · Dec 23, 2003

The test for the applicability of qualified immunity turns upon the "objective legal reasonableness of the action," assessed in light of legal rules that were "clearly established" at the time the action was taken. … The immunity is "qualified" because it does not obtain where the activity is in violation of clearly established law that a reasonable person would have known. Robinson v.

Opinion No.

Arkansas Attorney General Reports · Jul 9, 1991

If a plaintiff could conceive of a viable federal legislative or constitutional claim based upon the facts you have stated, only qualified immunity would exist for individual officers involved, and the actual political subdivisions … Creighton, 483 U.S. 635 (1987), (stating that test of qualified immunity for individual officers turns upon the "objective legal reasonableness of the action" assessed in light of the legal rules that were "clearly established

Opinion No.

Arkansas Attorney General Reports · Dec 13, 1996

Does a volunteer physician establish a traditional doctor-patient relationship with a patient who comes to the clinic for care? … of the services or benefits of a volunteer by reason of any act of omission of a qualified volunteer in connection with the volunteer except as follows : * * * (4) Where the qualified volunteer negligently performs professional

Opinion No.

Arkansas Attorney General Reports · Oct 31, 1995

"clearly established" at the time the action was taken. … Although the applicability of 42 U.S.C. § 1983 may depend upon the particular facts, if applicable, it appears that qualified immunity may not operate to immunize the action of purchasing a van for school use when "clearly

Opinion No.

Arkansas Attorney General Reports · Jun 15, 1989

violates clearly established law which a reasonably person would have know. … If the defendant is a state officer, qualified immunity is afforded, and the officer will only be liable if his or her conduct violates a clearly established law of which a reasonable person would have been aware. 2 If the

Opinion No.

Arkansas Attorney General Reports · Jul 6, 1993

of a qualified volunteer." … Creighton, 483 U.S. 635 (1987), (stating that the test of qualified immunity for individual officers turns upon the "objective legal reasonableness of the action" assessed in light of the legal rules that were "clearly established

Maryland Attorney General Opinion 102OAG016

Maryland Attorney General Reports · Dec 4, 2017

Att’y In our view, the qualified offer provisions are not severable from the immunity provisions. … Section 6-828—which Dackman invalidated— establishes the elevated blood lead levels at which the owner must be provided notice and the “opportunity to make a qualified offer under § 6-831.”

Ago

Florida Attorney General Reports · Apr 28, 1988

liability for his or her investigative actions. 11 The test for qualified immunity is an objective one: whether the conduct of a governmental official "violate[s] clearly established statutory or constitutional rights of … However, a prosecutor enjoys only qualified immunity when carrying out administrative or investigative functions.

Opinion No.

Arkansas Attorney General Reports · Apr 18, 2011

LIMITED IMMUNITY; ALLOWING LOCALITIES TO LIMIT THE NUMBER OF NONPROFIT DISPENSARIES AND TO ENACT REASONABLE ZONING REGULATIONS GOVERNING THEIR OPERATIONS; PROVIDING THAT QUALIFYING PATIENTS, THEIR *Page 2 DESIGNATED CAREGIVERS … A SYSTEM FOR THE CULTIVATION, ACQUISITION AND DISTRIBUTION OF MARIJUANA FOR QUALIFYING PATIENTS THROUGH NONPROFIT MEDICAL MARIJUANA DISPENSARIES AND GRANTING THOSE NONPROFIT DISPENSARIES LIMITED IMMUNITY; ALLOWING LOCALITIES

(2008)

93 Op. Att'y Gen. 68 · Maryland Attorney General Reports · May 1, 2008

Qualified Immunity under the Maryland Tort Claims Act The Maryland Tort Claims Act ("MTCA") provides a qualified immunity that protects a State officer or employee from claims based on "a tortuous act or omission that is … hold that a settlement officer is entitled, at a minimum, to qualified immunity and probably to absolute quasi-judicial immunity.

Ago

Florida Attorney General Reports · Jan 9, 1989

faith immunity from civil action. 10 The test for qualified immunity is an objective one: whether the conduct of a governmental official violates clearly established statutory or constitutional rights of which a reasonable … Therefore, a chief judge would possess only a qualified good faith immunity for his or her actions under the Florida Certified Process Server Act.

Opn. No.

New York Attorney General Reports · Nov 30, 2011

Finally, you have asked whether members of the Fund's board of directors are entitled to the protection of qualified immunity in the performance of their official duties. … We are not aware of other state law pursuant to which the Fund's directors may be eligible for qualified immunity.

Opinion No.

Arkansas Attorney General Reports · Aug 31, 1988

A right, power, franchise or immunity held by a person or class, against or beyond the course of law. … Such an intent could easily have been clearly expressed.

Opinion No.

Arkansas Attorney General Reports · Sep 8, 2004

Under the doctrine of qualified immunity, an individual is immune from suit if the actions complained of were taken in good faith in the performance of one's duties, and the acts do not violate any clearly established constitutional … The immunity is "qualified" because it does not obtain where the activity is in violation of clearly established law that a reasonable person would have known. Fegans v.

Opinion No.

Arkansas Attorney General Reports · Oct 14, 2004

You do not indicate in your question whether the students' injuries may have resulted from the negligence of a school district official or employee, in which case under Arkansas law the qualified immunity set forth at A.C.A … Code Ann. 6-17-1113 to authorize and direct ADE to establish a self-insurance fund or procure insurance policies to insure school district employees against acts or omissions from which they have not traditionally been immune

Opinion No.

Arkansas Attorney General Reports · Nov 18, 2002

The test for the applicability of qualified immunity turns upon the "objective legal reasonableness of the action," assessed in light of legal rules that were "clearly established" at the time the action was taken. … The immunity is "qualified" because it does not obtain where the activity is in violation of clearly established law that a reasonable person would have known. Robinson v.

Opinion No. (2000)

Missouri Attorney General Reports · Sep 7, 2000

If a majority of the votes cast on the proposal by the qualified voters voting thereon are in favor of the proposal, then the governing body may establish the service and impose the tax allowed by the provisions of sections … ; however, they have available defenses such as the public duty doctrine and official immunity.

Opinion No.

Arkansas Attorney General Reports · Jun 29, 2004

Additionally, a taxpayer has the burden of establishing the right to an exemption beyond a reasonable doubt. Pledger v. Baldor Int'l., Inc., 309 Ark. 30 , 33 , 827 S.W.2d 646 (1992). … Our federal government is immune from taxation imposed by the state, unless that immunity is waived, explicitly or expressly, by a statutory waiver of that immunity. [Citations omitted.] State v.

Opinion No. 79-79 (1979)

Missouri Attorney General Reports · Jul 31, 1979

It can be done only by a duly qualified human being, and to qualify something more than mere knowledge or skill is essential. . . . No corporation can qualify. . . ." Id. at 800. In Parker v. … This case is clearly distinguishable because neither ownership nor management of a doctor's office were defined as the practice of medicine at the time of the court decision.