Case law

Bogan v. Arkansas First National Bank

249 Ark. 840 · Supreme Court of Arkansas · Jan 25, 1971

It does not clearly appear that Dr. … Bogan’s estate — a position for which the proof shows the bank to be qualified.

McCoy v. Iverson

District Court, E.D. Arkansas · Feb 26, 2024

Qualified Immunity Defendants assert qualified immunity, which protects government officials from personal liability for damages “insofar as their conduct does not violate clearly … In this case, each Defendant is entitled to qualified immunity because Mr.

Scharnhorst v. Cantrell

District Court, W.D. Arkansas · Oct 10, 2023

QUALIFIED IMMUNITY To determine whether the Defendants are entitled to qualified immunity, this Court conducts a two-part inquiry: “(1) whether the facts, viewed … to protect” or “unconstitutional conditions of confinement,” qualified immunity nevertheless bars Plaintiff’s claims because those rights were not “clearly established” at the time.

Weigh Systems South, Inc. v. Mark's Scales & Equipment, Inc.

347 Ark. 868 · Supreme Court of Arkansas · Mar 7, 2002

The testimony further established that WSS’s marketing plan was established by visiting trade shows and talking with customers about upcoming projects. … We conclude that the finding of the chancellor relating to this factor was not clearly erroneous.

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.

American Atheists Inc v. Rapert

District Court, E.D. Arkansas · Dec 15, 2020

By its Orders dated September 30, 2019, and April 23, 2020, the Court intended to allow State Senator Rapert to seek qualified immunity on plaintiffs’ Claims 3, 4, and 5, not to seek dismissal on grounds other than qualified … is entitled to qualified immunity on plaintiffs’ free-speech and right-to-petition claims, he is also entitled to qualified immunity on plaintiffs’ other claims, at least to the extent that plaintiffs seek monetary damages

Taylor v. Scott

District Court, E.D. Arkansas · Mar 24, 2025

Qualified immunity protects government officials from liability for damages “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person [in their … so, was that right clearly established at the time of the defendant’s alleged misconduct.

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.

Carter v. Norris

367 Ark. 360 · Supreme Court of Arkansas · Sep 28, 2006

We do not reverse a denial of postconviction relief unless the trial court’s findings are clearly erroneous or clearly against the preponderance of the evidence. Greene v. State, 356 Ark. 59 , 146 S.W.3d 871 (2004). … We have long held that “[a]n opinion which qualifies as one not designated for publication is written primarily for the parties and their attorneys ....

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

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.

Comic v. White County, Arkansas

District Court, E.D. Arkansas · Sep 29, 2021

To get past qualified immunity, a plaintiff must show (1) a violation of a constitutional or statutory right, and (2) that the right was clearly established at the time of the violation.65 “Whether a given set of facts … .”88 It was not clearly established at the time of Mr.

Cooper v. Cooper

431 S.W.3d 349 · Court of Appeals of Arkansas · Dec 18, 2013

Skelton, 339 Ark. 227, 231 (Ark. 1999) (finding that Arkansas follows the well-established rule that retirement benefits earned during marriage are considered marital property subject to division. … App. 748 not qualified under the Employee Retirement Income Security Act (ERISA) because of the inclusion of a third party, Tim Cooper.

Williams v. State

29 Ark. App. 61 · Court of Appeals of Arkansas · Sep 27, 1989

On appeal he argues that the trial court erred in denying his motion for a directed verdict because the evidence of the value of the property was not given by a qualified expert, but by an employee who testified only as to … Holland clearly established a rational basis for his opinion and the value of the stolen items was a central factual issue in the case. Mr.

Downs v. Conway School District

328 F. Supp. 338 · District Court, E.D. Arkansas · Jun 23, 1971

Downs, is a qualified professional teacher, having a total experience of 25y2 years in the Arkansas Public School System. 2. … In fact III F 4a, supra, indicates that the Board clearly intends to hold each teacher to the conditions set forth therein. This situation falls clearly within the facts and findings in Greene v.

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.”

Opinion No.

Arkansas Attorney General Reports · Dec 22, 2005

In my opinion, these purposes would clearly be frustrated if one were to enforce a provision of state law that would preclude an otherwise qualifying foreign student from participating in the program. … I believe the highlighted language clearly applies to the host family of a foreign exchange student, meaning that the student would qualify as a "resident" under this statute. 2 In this regard, I should note that even this

Barbee v. Naylor

District Court, E.D. Arkansas · Dec 11, 2023

Qualified Immunity In their motion for summary judgment, Defendants argue that they are entitled to qualified immunity. … “Qualified immunity shields public officials from liability for civil damages if their conduct did not violate clearly established statutory or constitutional rights of which a reasonable person would have known.”

Elkins v. Miller County, Arkansas

District Court, W.D. Arkansas · Oct 22, 2019

qualified immunity claims in federal civil rights actions. … violated that clearly established right.

Oliver v. State

483 S.W.3d 298 · Supreme Court of Arkansas · Feb 25, 2016

The trial court’s findings of fact, on which it bases its decision to grant or deny the petition for writ of error coram nobis, will not be reversed on appeal unless they are clearly erroneous or clearly against the preponderance … Oliver alleged that there was a doctor who would testify to his mental disease or defect, but counsel erroneously advised him that the doctor was neither licensed nor qualified.