Case law

Carter v. Bush

296 Ark. 261 · Supreme Court of Arkansas · Jul 18, 1988

Gray, supra, we qualified the holding in Carter by stating that this statute is a grant of immunity, expressing disapproval of language in the Carter v. … The trial court noted, correctly, that while Bush and Collard are immune from tort liability as state employees, it is a qualified -immunity and suit can be maintained against an employee to the extent the employee is protected

Ratliff v. City of Shannon Hills

52 F. Supp. 3d 904 · District Court, E.D. Arkansas · Sep 16, 2014

The doctrine of qualified immunity “protects government officials from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person … Accordingly, Chief Hale and Officer Lucky are entitled to qualified immunity as to Ms. Ratliff’s § 1983 claims, and the Court need not determine whether Ms. Ratliffs constitutional rights were clearly established.

Mountain Pure, LLC v. Roberts

93 F. Supp. 3d 993 · District Court, E.D. Arkansas · Mar 19, 2015

The doctrine of qualified immunity “protects government officials from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person … Whitledge, 165 F.3d 1197 , 1202-03 (8th Cir. 1999) (“[T]his generalized right to be free from an unreasonable use of excessive force during a police seizure does not clearly establish a right for purposes of a qualified-immunity

Gary Brinkley, as City Manager of the City of Arkadelphia; And the City of Arkadelphia v. Brandon and Kortni Beene

2026 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.

Villarreal

District Court, W.D. Arkansas · May 1, 2026

Qualified Immunity Qualified immunity “shields [a] government official[] from liability in a § 1983 action unless the official’s conduct violates a clearly established constitutional or statutory … Given these facts, as alleged by Plaintiff, the Court finds Fisherman distinguishable from the instant circumstances for the purpose of determining “clearly established” rights for qualified immunity purposes.

Nichols v. Chacon

110 F. Supp. 2d 1099 · District Court, W.D. Arkansas · Aug 1, 2000

DISCUSSION Chacon has moved for summary judgment on qualified immunity grounds. … However, the court went on to hold the officer entitled to qualified immunity because the passenger’s right not to be arrested for making the gesture was not clearly established at the time of the arrest, January 14, 1996

Arkansas River Education Service Cooperative v. Modacure

371 Ark. 466 · Supreme Court of Arkansas · Nov 8, 2007

Although the tentative geographic boundaries of co-ops are established by the Department of Education, 75% of the school districts in a proposed co-op must request formation of the co-op by formal resolutions. … Clearly, the growth, utilization, and maintenance of the co-op stems from the participating school districts and, as an entity, the co-op is comparable to a school district. Ozarks Unlimited Res. Co-op., Inc. v.

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

Glasper v. City of Hughes

269 F. Supp. 3d 875 · District Court, E.D. Arkansas · Aug 28, 2017

No. 31, at 4), Qualified immunity shields government officials from liability in their individual capacity so long as the official has not violated “clearly established statutory or constitutional rights of which a reasonable … right was clearly established at the time of the deprivation.

Aaron v. Shelley

696 F. Supp. 2d 1000 · District Court, E.D. Arkansas · Oct 29, 2009

was clearly established. … Neither summary judgment nor qualified immunity is appropriate. IV.

Northport Health Services, Inc. v. Owens

82 Ark. App. 355 · Court of Appeals of Arkansas · May 28, 2003

“Qualified immunity, similar to absolute immunity, is an entitlement not to stand trial under certain circumstances. … In the fourth point, appellants argue that the verdict amount is excessive and clearly against the weight of the evidence.

Ouachita Wilderness Institute v. Mergen

329 Ark. 405 · Supreme Court of Arkansas · Jul 14, 1997

The evidence clearly establishes, as a matter of law, there was an intervening cause which caused the damages to Plaintiffs vehicle. … Section 16-6-104(c) provides that while a qualified volunteer is entitled to immunity, “[n]othing in this chapter shall be construed to Emit the liability of any volunteer agency.”

Sylvester v. Fogley

383 F. Supp. 2d 1135 · District Court, W.D. Arkansas · Jul 28, 2005

C) Defendants’ Claim of Entitlement to Qualified Immunity Having found no constitutional rights violation, the Court need not reach the issue *1144 of qualified immunity. … We note, however, in the event that a violation had occurred, the Court would have found Defendants to be entitled to qualified immunity. The qualified immunity analysis consists of a two-part inquiry.

Shipe v. Little Rock Waste Water Utility

620 F. Supp. 1498 · District Court, E.D. Arkansas · Nov 18, 1985

This defense replaces the previously recognized subjective aspect of qualified immunity— whereby such immunity is not available if the official asserting the defense “took the action with malicious intention to cause a deprivation … That is not enough to demonstrate a clearly established right.” Id. at 406 (emphasis added).

Harrison v. Coffman

35 F. Supp. 2d 722 · District Court, E.D. Arkansas · Jan 25, 1999

The qualified immunity issue asserted by defendants in their individual capacities is somewhat more difficult to decide. … This ruling is not, however, necessarily dispositive when the facts are more clearly developed, if a motion for summary judgment should be filed to avoid damages by asserting qualified immunity.

Malik Muntaqim, Adc No. 088633 v. Dexter Payne, Director, Arkansas Division of Correction

2024 Ark. App. 455 · Court of Appeals of Arkansas · Sep 25, 2024

Sovereign and Qualified Immunity Sovereign immunity for the State of Arkansas arises from an express declaration in article 5, section 20 of the Arkansas Constitution. Muntaqim, 2022 Ark. … Under this analysis, 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

Arkansas Motor Vehicle Commission v. Cantrell Marine, Inc.

305 Ark. 449 · Supreme Court of Arkansas · May 13, 1991

Hill, 233 Ark. 59 , 342 S.W.2d 657 (1961), we held that “[t]he rule is well established that a litigant must exhaust his administrative remedies before instituting litigation to challenge the action of the administrative … Failure on the part of Cantrell Marine to seek a hearing before the Commission with respect to the Director’s action was clearly a failure to exhaust its administrative remedies. Dixie Downs, Inc. v.

Malik Muntaqim, Adc No. 088633 v. Dexter Payne, Director, Arkansas Division of Correction

2024 Ark. App. 455 · Court of Appeals of Arkansas · Sep 25, 2024

Sovereign and Qualified Immunity Sovereign immunity for the State of Arkansas arises from an express declaration in article 5, section 20 of the Arkansas Constitution. Muntaqim, 2022 Ark. … Under this analysis, 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

Hogan v. City of El Dorado

455 F. Supp. 2d 876 · District Court, W.D. Arkansas · Sep 29, 2006

Under qualified immunity, state actors are protected from civil liability when their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known. Kuha v. … If so, the next question is whether or not the right asserted was clearly established at the time of the violation.

Charles Blackburn v. the Lonoke County Board of Election Commissioners Matthew Brown, Mickey "stubby" Stumbaugh, and Dan Stowers, in Their Official Capacities as Members of the Election Commission Dawn Porterfield, in Her Official Capacity as Lonoke County Clerk Doug Irwin Norman Walker And John Thurston, in His Official Capacity as Arkansas Secretary of State

652 S.W.3d 574 · Supreme Court of Arkansas · Oct 6, 2022

Further, he cites no specific law or precedent establishing authority for him to proceed in an original action under the circumstances he sets forth. … We extend sovereign immunity to state employees sued in their official capacities. Banks v. Jones, 2019 Ark. 204, at 3, 575 S.W.3d 111, 114.