Case law
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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.
Cited 0 timesPublishedArkansas Attorney General Reports · Dec 7, 2005
Const. art. 9 , § 3 provides any owner of a homestead with a qualified immunity from creditors' claims made against the property. With respect to your first question, see the attached Ark. Op. … For purposes of the Amendment 79 exemptions, the subsequently enacted A.C.A. § 26-26-1122 (a)(1) establishes that the grantor/beneficiary of a revocable trust would qualify for the exemption.
Cited 0 timesPublishedLouisiana Attorney General Reports · Jul 24, 2008
"Unless the plaintiffs allegations state a claim of violation of clearly established law, a defendant pleading qualified immunity is entitled to dismissal before the commencement of discovery." Id. (citing Harlow v. … Even limited discovery on the issue of qualified immunity "must not proceed until the district court first finds that the plaintiff's pleadings assert facts which, if true, would overcome the defense of qualified immunity
Cited 0 timesPublishedArkansas Attorney General Reports · Jan 9, 2001
Such a result clearly violates the spirit of Rule 408. The scenario just recited may have been played out in Lake View. … Sovereign immunity is clearly a concept grounded in "fixed public policy," not "court administration." Moreover, it is a concept the Supreme Court has repeatedly recognized as subject solely to legislative modification.
Cited 0 timesPublishedArkansas Attorney General Reports · Oct 10, 1995
Moreover, the official who decided to release the records will not be held liable if that decision was merely negligent, and he or she may also be able to assert qualified immunity. … . § 19-10-305 (a) (Repl. 1994). 3 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"
Cited 0 timesPublishedArkansas Attorney General Reports · Jun 9, 2003
. § 14-78-108 provides qualified immunity for municipal officials for conduct taken without "corrupt intent" in connection with an Amendment 78 loan. … Although I consider this qualified immunity as affording a great deal more than "cold comfort," I am not prepared to opine that it entails immunity from any and all "other accounting, budgeting and fiscal responsibility laws
Cited 0 timesPublished91 Op. Att'y Gen. 201 · Maryland Attorney General Reports · Oct 17, 2006
In our opinion, a private attorney who provides pro bono legal services to an indigent client who has qualified for representation by the Public Defender enjoys the same immunity from liability under the MTCA as an Assistant … III Conclusion In our opinion, a private attorney who provides pro bono legal services to an indigent client who has qualified for representation by the Public Defender enjoys the same immunity from liability under the MTCA
Cited 0 timesPublishedArkansas Attorney General Reports · Apr 25, 1989
It is my opinion that both positions enjoy qualified immunity; meaning that both are immune from suit when sued in their official capacities for acts committed in the performance of their official duties. … The immunity is qualified because it does not obtain where the activity is in violation of clearly established law which a reasonable person would have known. Matthews v.
Cited 0 timesPublishedLouisiana Attorney General Reports · Jul 23, 2010
"Unless the plaintiffs allegations state a claim of violation of clearly established law, a defendant pleading qualified immunity is entitled to dismissal before the commencement of discovery." Id. (citing Harlow v. … Even limited discovery on the issue of qualified immunity "must not proceed until the district court first finds that the plaintiffs pleadings assert facts which, if true, would overcome the defense of qualified immunity.
Cited 0 timesPublishedTexas Attorney General Reports · Dec 23, 1985
by clearly established law. . . ." 457 U.S. at 818 . … The Texas courts have adhered to the long-established Texas common law test for qualified official immunity and have not adopted or been influenced by recent developments in the federal common law test.
Cited 0 timesPublishedArkansas Attorney General Reports · Mar 6, 2006
nor shall it have the benefit of the doctrine of sovereign immunity. … In my opinion, this arrangement is clearly not a simple purchase agreement but rather a joint undertaking of the sort that qualifies as an interlocal agreement requiring my approval pursuant to A.C.A. § 25-20-104 (f).
Cited 0 timesPublishedLouisiana Attorney General Reports · Nov 26, 2007
If the policies of a health care provider preclude compliance with the declaration of a qualified patient under this Part or preclude compliance with the provisions pertaining to a representative acting on behalf of a qualified … they witnessed the patient's declaration and clearly state what that declaration was.
Cited 0 timesPublishedArkansas Attorney General Reports · Jan 17, 2006
nor shall it have the benefit of the doctrine of sovereign immunity. … In my opinion, this arrangement is clearly not a simple purchase agreement but rather a joint undertaking of the sort that qualifies as an interlocal agreement requiring my approval pursuant to A.C.A. § 25-20-104 (f).
Cited 0 timesPublishedArkansas Attorney General Reports · Feb 22, 2008
I should note, however, that the pre-2007 Good Samaritan Act clearly extended beyond the scope of common law the scope of protection to "a physician or surgeon who in good faith and without compensation rendered voluntary … Although subsection (a) might be read as subjecting a treating individual to liability simply if he acts unreasonably in rendering care, subsection (c) qualifies this conclusion by suggesting that the immunity will apply
Cited 0 timesPublishedFlorida Attorney General Reports · Apr 21, 1987
See also, s. 768.28 (5), supra, establishing the monetary limitations of the state's waiver. … The Florosa Fire Control District, established by a special act of the State Legislature, would clearly fall within the definitional purview of s. 768.281(2), and therefore, the state's sovereign immunity and its limited
Cited 0 timesPublishedUntitled Texas Attorney General Opinion
Texas Attorney General Reports · Jul 2, 1985
by clearly established law. . . ." 457 U.S. at 818. … The Texas courts have adhered to the long--established Texas common law test for qualified official immunity and have not adopted or been influenced by recent developments in the :Eederalcommon law test.
Cited 0 timesPublishedArkansas Attorney General Reports · May 7, 2008
In addition, following Arkansas Supreme Court precedent, this office will not address the constitutionality of proposed measures in the context of a ballot title review unless the measure is "clearly contrary to law." … ALIEN SHALL BE VERIFIED THROUGH THE SYSTEMATIC ALIEN VERIFICATION FOR ENTITLEMENTS PROGRAM OPERATED BY THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY; ESTABLISHING A PRESUMPTION OF ELIGIBLITY BASED UPON SUCH AFFIDAVIT
Cited 0 timesPublished93 Op. Att'y Gen. 168 · Maryland Attorney General Reports · Dec 23, 2008
The Divestiture Law sets forth a divestment process, qualifies that process by reference to federal law and the Board's fiduciary duties, and provides immunity for actions taken under the statute in good faith. 1 Divestment … See 93 Opinions of the Attorney General 68, 73, 78 (2008) (describing qualified immunity under the Maryland Tort Claims Act and public official immunity as to claims under 28 U.S.C. § 1983 ). 18 With respect to your particular
Cited 0 timesPublishedMaryland Attorney General Reports · Dec 6, 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.”
Cited 0 timesPublishedFlorida Attorney General Reports · Dec 17, 2004
person who maintains a permanent business location or branch office within the municipality, for the privilege of engaging in or managing any profession or occupation within its jurisdiction. (3) Any person who does not qualify … manifested. 9 Your district office, established to assist you in carrying out your duties as a member of the state Legislature, would similarly appear to be immune from imposition of an occupational license tax or the requirement
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