Case law

Opinion No.

Arkansas Attorney General Reports · Apr 4, 2011

entity created thereby, together with the powers delegated to it, provided that the entity may be legally created; (3) The purposes of the agreement; (4) The manner of financing the joint or cooperative undertaking and of establishing … Under these definitions, all of the signatories with the exception of the governors qualify as "public agencies." The municipal corporations clearly qualify as political subdivisions of the state.

Arkansas State Highway Commission v. First Pyramid Life Insurance

269 Ark. 278 · Supreme Court of Arkansas · Jun 23, 1980

There was clearly no error in this regard. … This explanation is not totally satisfactory, because a cross-examining attorney is not entitled to embark upon a fishing expedition with immunity from any unfavorable information he may elicit.

McFarland v. McFarland

318 Ark. 446 · Supreme Court of Arkansas · Oct 31, 1994

Parental rights are not immune from interference by the State in its role of parens patriae.” The cases on which Mr. … Here is what the Iowa Court said: Clearly higher education is a matter of legitimate state interest. However, this alone does not settle the issue raised.

Opinion No.

Arkansas Attorney General Reports · Mar 2, 1987

Applying the standards promulgated by the Arkansas Supreme Court, we analyze whether this legislation not only separates a locale from the general operation of laws, which clearly Act 48 does, but whether it is impermissible … Act 48 is entitled: AN ACT to Promote the Competitive Position of Arkansas Cities and Incorporated Towns which are Divided by State Lines From an Incorporated City or Town in Another State by Authorizing the Qualified Electors

Opinion No.

Arkansas Attorney General Reports · Apr 23, 2009

Because you are a city employee, I believe the requested documents are clearly "public records" under the definition set forth above. … As *Page 7 always, the person claiming the right will have the burden of establishing it. Accord , Ark. Ops. Att'y Gen. Nos. 2007-001 ; 2006-141 and 2001-122.

United States v. Warren Brown & Sons Farms

868 F. Supp. 1129 · District Court, E.D. Arkansas · Nov 3, 1994

Discussion The standard governing the Court’s consideration of a motion for summary judgment is well-established. … While a foreclosure technically qualifies as an action within the class identified by § 2415(c), United States v.

Opinion No.

Arkansas Attorney General Reports · Aug 6, 1996

elected or appointed official, or, as an employee or officer within an office, department, committee, or institution which is either totally or partially funded by public monies; Upon conviction, plea-bargain or acceptance or immunity … Accordingly, a court addressing a challenge to the legislation will be in a better position to conceive of a rational basis for it if that basis is clearly stated in the legislation itself.

Baptist Memorial Hospital – Jonesboro, Inc. v. Hannah Towell, in Her Official Capacity as Tax Assessor for Craighead County, Arkansas

2026 Ark. App. 209 · Court of Appeals of Arkansas · Apr 1, 2026

Our review begins with a well-established principle established by the Arkansas Supreme Court: “Taxation is the rule, and exemption is the exception.” Id. at 2, 585 S.W.3d at 179 (citing City of Fayetteville v. … The burden of proof required to establish entitlement to exemption For their first assignment of error, appellants argue that the circuit court erred with respect to the burden of proof required to establish entitlement

Gilbert v. City of Little Rock

544 F. Supp. 1231 · District Court, E.D. Arkansas · Aug 13, 1982

The complainant in McDonnell Douglas established a prima facie case by showing (1) that he belonged to a racial minority; (2) that he applied for and was qualified for a job for which the employer was seeking applicants; … Conclusion Some plaintiffs did not prove they were qualified for promotions.

Correia v. Jones

District Court, W.D. Arkansas · Sep 24, 2018

Qualified immunity “shields government officials from liability unless their conduct violates clearly established statutory or constitutional rights of which a reasonable person would know.” Ferguson v. … In ruling on a qualified immunity defense, the Court should (1) determine whether the plaintiff has alleged the deprivation of a constitutional right at all; and (2) decide whether the right at issue was “clearly established

Toney v. Dickson

District Court, W.D. Arkansas · Dec 20, 2018

Qualified Immunity The qualified immunity doctrine provides “that government officials performing discretionary functions generally are shielded from liability for … civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.”

Gordon v. State

259 Ark. 134 · Supreme Court of Arkansas · Jan 19, 1976

Furthermore, questions going to the competence of a witness are largely discretionary with the trial judge and are not ordinarily reviewable on appeal unless so clearly in error as to constitute an abuse of discretion. … Appellant’s final contention is that the court erred in allowing Officer Sparks’ testimony concerning other drug related crimes in order to establish a value for the contraband seized in the instant case.

Tasby v. Peek

396 F. Supp. 952 · District Court, W.D. Arkansas · Jun 20, 1975

He listed no licensed, enrolled or qualified attorney as being of counsel and no one has signed the pleading as an attorney representing Johnnie Tasby. … Clearly, such a claim is not based upon a deprivation of a right secured under 42 U.S.

CITIZENS TO ESTABLISH REFORM PARTY v. Priest

970 F. Supp. 690 · District Court, E.D. Arkansas · Aug 14, 1996

On February 16, 1996, Defendant Secretary of State Priest rejected Plaintiffs’ petition to qualify as a new political party, claiming that the Reform Party had not met the signature requirements established by Ark.Code Ann … of qualified Arkansas electors. 20.

Bracy Development, Co. v. Milam

252 Ark. 268 · Supreme Court of Arkansas · Apr 3, 1972

Such surviving or new corporation shall have all the rights, privileges, immunities and powers and shall be subject to all the duties and liabilities of a corporation organized under this act [chapters 1-10 of this title] … The appellee has cited no court decisions directly in point with the question presented here, but the appellee does cite decisions in support of its argument that the burden rests on the taxpayer to show that he clearly qualifies

Jones v. Wright

District Court, E.D. Arkansas · Nov 7, 2023

clearly established statutory or constitutional rights of which a reasonable person [in their positions] would have known.” … officer [is] sufficient to overcome qualified immunity.”

Bowden v. State

297 Ark. 160 · Supreme Court of Arkansas · Dec 5, 1988

A trial court’s ruling on waiver of counsel will not be set aside unless clearly erroneous. Loane, supra. … The guidelines established by this court with respect to competency of a witness enunciated in Jackson v.

Smith v. Bentley

493 F. Supp. 916 · District Court, E.D. Arkansas · Jul 3, 1980

The plaintiffs perform abortions during the first trimester of pregnancy without regard to the criteria for “legal abortions” established in Ark.Stat.Ann. § 41-2554 (Crim. Code 1976). … While the Court in Roe, supra, recognized that a woman’s decision to abort a fetus was part of the right of privacy, the Court was careful to point out that a woman’s decision to have an abortion is a qualified rather than

Jennings v. Burford

60 Ark. App. 27 · Court of Appeals of Arkansas · Dec 22, 1997

We conclude that the chancery court’s finding that the meandering fence was a boundary fine by acquiescence was not clearly erroneous. … Askew testified that he had been a land surveyor for approximately twenty-five years, that he was qualified as a registered surveyor, and that he had conducted approximately 2,000 surveys.

Lawrence v. Ringgold

District Court, E.D. Arkansas · Jun 14, 2022

Detective Ringgold seeks qualified immunity. … The qualified immunity standards under Arkansas law are the same as under federal law. Blevins v. Hudson, 2016 Ark. 150, at *6-7, 489 S.W.3d 165, 169-70.