Case law
Opinions from 1658 to today.
4,882 results
1.28s
Ozarks Unlimited Resources Cooperative, Inc. v. Daniels
333 Ark. 214 · Supreme Court of Arkansas · May 14, 1998
Roper, 302 Ark. 125, 128 , 788 S.W.2d 470 (1990), we noted that: “The appealability of a denial of summary judgment based on qualified immunity from suit is clearly established.” Id. … Accordingly, the instant case falls within the well-settled line of cases permitting review of summary-judgment denials based on qualified immunity, and warrants our review.
Cited 34 timesPublishedMalik Muntaqim, Adc No. 088633 v. James Gibson, Warden, Varner Unit, Arkansas Division of Correction
2024 Ark. App. 456 · Court of Appeals of Arkansas · Sep 25, 2024
in their individual are entitled to qualified immunity. … Under this analysis, a state official is entitled to qualified immunity unless the plaintiff has alleged facts that demonstrate (1) the deprivation of an actual constitutional right and (2) that the right was clearly established
Cited 1 timesPublishedMalik Muntaqim, Adc No. 088633 v. James Gibson, Warden, Varner Unit, Arkansas Division of Correction
2024 Ark. App. 456 · Court of Appeals of Arkansas · Sep 25, 2024
in their individual are entitled to qualified immunity. … Under this analysis, a state official is entitled to qualified immunity unless the plaintiff has alleged facts that demonstrate (1) the deprivation of an actual constitutional right and (2) that the right was clearly established
Cited 1 timesPublished485 S.W.3d 729 · Court of Appeals of Arkansas · Mar 9, 2016
her argument that Gain did not receive enough money in contributions or donations to qualify for charitable immunity. … Gain established that it was entitled to charitable immunity, and the trial court erred in denying its motion for summary judgment. We reverse and remand for further proceedings consistent with this opinion.
Cited 2 timesPublished423 S.W.3d 75 · Supreme Court of Arkansas · Sep 27, 2012
, A PERSON SUBMIT TO THE STATE A WRITTEN CERTIFICATION FROM A PHYSICIAN THAT HE OR SHE IS SUFFERING FROM A QUALIFYING MEDICAL CONDITION; ESTABLISHING AN INITIAL LIST OF QUALIFYING MEDICAL CONDITIONS; DIRECTING THE DEPARTMENT … MARIJUANA PROGRAM; SETTING CERTAIN LIMITATIONS ON THE USE OF MEDICAL MARIJUANA BY QUALIFYING PATIENTS; ESTABLISHING AN AFFIRMATIVE DEFENSE FOR THE MEDICAL USE OF MARIJUANA; ESTABLISHING REGISTRATION AND OPERATION REQUIREMENTS
Cited 8 timesPublished2022 Ark. 86 · Supreme Court of Arkansas · Apr 14, 2022
None of the facts and legal allegations established that the Attorney General exceeded any legal authority. Part B. … When determining whether State officers are entitled to statutory immunity, we have traditionally been guided by the standard used for qualified-immunity claims in federal civil rights actions. Banks v.
Cited 1 timesPublished377 S.W.3d 211 · Supreme Court of Arkansas · Sep 30, 2010
He said: Additionally, both defendants are employees of governmental entities and are thus entitled to qualified immunity. … We agree with appellants that section 21-9-301(a) does not include a maliciousness element and that it clearly cites an exception as to immunity to the extent of liability insurance.
Cited 21 timesPublishedArkansas 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
Cited 0 timesPublished2025 Ark. App. 200 · Court of Appeals of Arkansas · Apr 9, 2025
Under that standard, a state official is entitled to qualified immunity unless (1) the plaintiff has alleged facts that demonstrate the deprivation of an actual constitutional right, and (2) the right was clearly established … Our supreme court has said that individual state actors are entitled to statutory immunity unless they transgress “clearly established statutory or constitutional rights of which a reasonable person would have known.”
Cited 1 timesPublishedArkansas 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
Cited 0 timesPublishedDavis Nursing Association v. Neal
570 S.W.3d 457 · Supreme Court of Arkansas · Apr 11, 2019
Clearly, this order which found that DLCC was not entitled to charitable immunity does not discontinue the action. Instead, the order allows the action to proceed. … We have explained that qualified immunity shields government officials from liability for civil damages when they are performing discretionary functions "insofar as their conduct does not violate clearly established statutory
Cited 13 timesPublishedNorthport Health Services, Inc. v. Owens
356 Ark. 630 · Supreme Court of Arkansas · Apr 8, 2004
Qualified Immunity We first address Northport’s and Unkel’s claim that they were required to report abuse under Arkansas law and, thus, were entitled to qualified immunity for all such reports. … The Long-Term Care Act clearly establishes the State’s public policy of protecting adults in long-term care facilities from abuse and neglect.
Cited 11 timesPublishedBraden ex rel. M v. Mountain Home School District
903 F. Supp. 2d 729 · District Court, W.D. Arkansas · Oct 18, 2012
Defendants assert the affirmative defense of qualified immunity with respect to Plaintiffs § 1983 claim. … “A state official sued in her individual capacity is entitled to qualified immunity so long as her conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known
Cited 4 timesPublished2025 Ark. App. 308 · Court of Appeals of Arkansas · May 14, 2025
The district court denied summary judgment as to Officer Nathan Griffith and Sergeant Joseph Griffith and found that Officer Griffith and Sergeant Griffith were not entitled to qualified immunity as to appellant’s federal … Appellees generally denied the allegations and alleged multiple affirmative defenses, including that the claims were filed outside the statute of limitations and appellees were entitled to statutory and qualified immunity
Cited 2 timesPublished2022 Ark. 86 · Supreme Court of Arkansas · Apr 14, 2022
None of the facts and legal allegations established that the Attorney General exceeded any legal authority. Part B. … When determining whether State officers are entitled to statutory immunity, we have traditionally been guided by the standard used for qualified-immunity claims in federal civil rights actions. Banks v.
Cited 1 timesPublished601 S.W.3d 142 · Court of Appeals of Arkansas · Apr 22, 2020
As in Harris, the appellees argued that they were entitled to statutory and qualified immunity as to the individual-capacity claims; however, the circuit court relied on sovereign immunity to dismiss all the claims. … clearly means to reverse.
Cited 0 timesPublishedLowry ex rel. Crow v. Watson Chapel School District
508 F. Supp. 2d 713 · District Court, E.D. Arkansas · Aug 22, 2007
In ruling on qualified immunity, the threshold question is whether, taken in the light most favorable to the party asserting the defense, the facts alleged establish the violation of a constitutional right. Saucier v. … Because qualified immunity is immunity from suit, not merely immunity from damages, the issue must be resolved at the earliest stage possible. Id. at 200-01, 121 S.Ct. 2151 .
Cited 1 timesPublishedArkansas 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
Cited 0 timesPublished2026 Ark. App. 165 · Court of Appeals of Arkansas · Mar 11, 2026
of qualified immunity. … It is a deliberate, knowing trespass that bars application of the doctrine of qualified immunity. Id. In Passmore v. Hinchey, 2010 Ark.
Cited 0 timesPublishedMorris v. Crawford County, Ark.
173 F. Supp. 2d 870 · District Court, W.D. Arkansas · Oct 23, 2001
Deputy McAllister is not entitled to qualified immunity for the alleged use of excessive force, as Plaintiffs right to be free of such force was clearly established, that is Deputy McAllister could not have reasonably but … Katz, 533 U.S. 194 , -, 121 S.Ct. 2151 , 2158, 150 L.Ed.2d 272 (2001) (qualified immunity does not shield conduct which violates clearly established rights; inquiry in determining whether a right is clearly established is
Cited 1 timesPublished
Ask Donna