Case law

Bollinger v. Watson

187 Ark. 1044 · Supreme Court of Arkansas · Oct 16, 1933

Having in mind the principles stated in the cases reviewed and recognizing the cardinal canon of construction that a statute will be upheld unless clearly within constitutional inhibition and where that question is doubtful … It is argued that the act deprives the appellants of substantial property rights; that they had established their places of business without the limits of the border towns and within adjacent territory, and the practical

Mitchell v. State

295 Ark. 341 · Supreme Court of Arkansas · May 2, 1988

Ct. 2045 (1987), the Supreme Court held that it was improper to have allowed the prosecution to strike for cause a prospective juror who was qualified. … We find the trial judge’s determination that the statement was voluntary not clearly against the preponderance of the evidence. b.

United States v. Trunko

189 F. Supp. 559 · District Court, E.D. Arkansas · Dec 9, 1960

In the Court’s estimation the Government has sufficiently established the first two elements above mentioned, but has failed to establish the third by the requisite degree of proof. I. … all of which was done under color of law and State authority, and all of which was wrongful and illegal, amounted to a violation of Williams’s right not to be deprived of his liberty without due process of law, a right clearly

Maxwell/G-Doffee v. Simmons

District Court, E.D. Arkansas · May 22, 2024

Qualified Immunity As to individual-capacity claims, the ADC Defendants assert qualified immunity, which protects government officials from personal liability for damages … officer [is] sufficient to overcome qualified immunity.”

Arkansas Department of Education Jacob Oliva, in His Official Capacity as Arkansas Secretary of Education Randy Henderson, Jeff Wood, Adrienne Woods, Steve Sutton, O. Fitzgerald Hill, Ouida Newton, Sarah Moore, Kathy McFetridge, and Lisa Hunter, in Their Official Capacities as Members of the Arkansas State Board of Education Friendship Education Foundation And Marvell-Elaine School District v. Doris Ivy Jackson Laverne Sims Jesselia Maples Diamacious Sims Darryl Harris Sylvia Moore Danielle Wright Derashaun McGhee Vivian Davis James Carruth Iola Hoskins Steven Grappe Veronica McClane And Citizens for Arkansas Public Education and Students (Capes), a Ballot Question Committee

2023 Ark. 140 · Supreme Court of Arkansas · Oct 12, 2023

Second, the emergency clause fails to state facts sufficient to establish an emergency. … .1 Sovereign immunity is jurisdictional immunity from suit, and jurisdiction must be determined entirely from the pleadings.

Walther v. Carrothers Construction Co. of Arkansas, LLC

492 S.W.3d 504 · Supreme Court of Arkansas · May 19, 2016

The claimant has the burden of establishing the right to an exemption beyond a reasonable doubt, and- to doubt is to deny the exemption. Id. … The Supreme Court’s rationale provided a sound basis for our holding that Arkansas Valley had not clearly established its right to the tax exemption. Ragland, 275 Ark. at 110 , 627 S.W.2d at 559 .

Calvin v. Randall

District Court, E.D. Arkansas · Mar 29, 2024

Even assuming Chief Randall’s conduct turned out to be a substantive due process violation, he is protected from suit and liability by the doctrine of qualified immunity unless it was clearly established—at the time … Burch are enough to defeat qualified immunity at this stage.

Johnson v. City Council of Green Forest, Ark.

545 F. Supp. 43 · District Court, W.D. Arkansas · Mar 25, 1982

after having worked for over a period of one (1) year as a police officer at the City of Berryville, Arkansas, having attended and satisfactorily completed the courses offered by the Arkansas Police Academy and was duly qualified … That during Plaintiff’s term of employment and on February 20, 1979, the City Council of Green Forest, Arkansas, had no established, written or published guidelines for regulations of conduct of a police officer, for establishing

Hyman v. City of Walnut Ridge

District Court, E.D. Arkansas · May 30, 2019

Is Kirksey nonetheless entitled to qualified immunity against the Hymans’ First Amendment claims? Yes. … Qualified immunity shields state actors from civil liability unless they violate a “clearly established statutory or constitutional right of which a reasonable person would have known.” Morgan v.

Robinson v. Lucas

District Court, E.D. Arkansas · Feb 26, 2025

Sheriff Lucas is entitled to qualified immunity unless (1) he has violated a constitutional right, and (2) the unlawfulness of his conduct was clearly established at the time the conduct occurred. Id. … To be “clearly established,” the unlawfulness must be established by controlling authority or a strong consensus of persuasive authority. /d.

Arkansas State Board of Election Commissioners v. Pulaski County Election Commission

437 S.W.3d 80 · Supreme Court of Arkansas · May 16, 2014

Here, the circuit court quite clearly ruled on the constitutionality of Act 595 of 2013 in granting the PCEC’s summary-judgment motion. … The procedure established by the ASBEC for absentee voters is similar to that established by the General Assembly in Ark.Code Ann. § 7-5-321 (Supp.2013), for in-person voters who fail to present proof of identity.

In re Arkansas Bar Ass'n

283 Ark. 252 · Supreme Court of Arkansas · Sep 17, 1984

At that time, we determined that the establishment of an IOLTA program, while a commendable and worthwhile objective, could not be approved, inasmuch as the element of client consent was not present. … The rules mandate that clients’ funds held by an attorney must be segregated into a clearly labeled trust account unless they are fees and advances for costs and expenses.

Tennant v. Trotter

District Court, W.D. Arkansas · Mar 7, 2022

to the plaintiff, demonstrate the deprivation of a constitutional or statutory right; and (2) the right was clearly established at the time of the deprivation.” … Therefore, Defendant Trotter is entitled to qualified immunity, and the claims against him will be dismissed. 2.

Trujillo v. TK Martial Arts Academy, LLC

474 S.W.3d 519 · Court of Appeals of Arkansas · Oct 28, 2015

To be enforceable, the contract must clearly set out what negligent liability is to be avoided. Id. … In Culpepper, the supreme court established a condition for immunity by looking to the plaintiff’s complaint, which asserted that individuals were acting within the course and scope of their duties and employment.

Opinion No.

Arkansas Attorney General Reports · Mar 11, 2004

The language emphasized above clearly contemplates a single owner of all the land originally annexed to the city. … However, I have noted some troubling aspects of this conclusion in light of some well-established rules of statutory interpretation. This statute could benefit from clarification by the General Assembly.

Swn Production Company (Arkansas), LLC v. Mark Stobaugh, in His Official Capacity as Conway County Assessor; Conway County Board of Equalization; Conway County, Arkansas; Conway County Treasurer; And Ocnway County Tax Collector

634 S.W.3d 551 · Court of Appeals of Arkansas · Sep 8, 2021

SWN was not required to plead that the assessment was manifestly excessive, clearly erroneous, or confiscatory. Ark. Code Ann. § 26-27-318(d)(2) (Repl. 2020). … The supreme court also held that the director was entitled to the protection of sovereign immunity.

Mine Creek Contractors, Inc. v. Grandstaff

300 Ark. 516 · Supreme Court of Arkansas · Dec 4, 1989

But, in those instances where damages simply cannot be proven with exactness, when the cause and existence of damages have been established by the evidence, recovery will not be denied merely because the damages cannot be … When Leslie attempted to give his opinion on the value of appellees’ business, appellants objected that while he was qualified to testify to accounting matters, he was not qualified to testify as to the value of a business

In the Matter of the Guardianship of Mc, a Minor, Sandra Andraca v. Patricia Tice

2025 Ark. App. 292 · Court of Appeals of Arkansas · May 7, 2025

The Court finds that counsel’s argument is clearly not supported by the evidence submitted at trial. … A circuit court’s order establishing guardianship shall contain findings of fact that the respondent is an incapacitated person and is in need of a guardian. Ark.

Elder v. Putnam

District Court, E.D. Arkansas · May 29, 2020

Elder’s original complaint that they are entitled to qualified immunity, which protects government officials “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional … The proper standard for addressing qualified immunity at the Rule 12(b)(6) stage is whether immunity is established on the face of the complaint. Hafley v.

Opinion No.

Arkansas Attorney General Reports · Jan 4, 2010

I refer to the following: *Page 5 • As previously indicated, what qualifies as "medical marijuana" is unclear under your proposed amendment. … In my opinion, the extent of this regulatory charge must be clearly stated for the voter in the ballot title.