Case law

Bright v. Bostick

27 Ark. 55 · Supreme Court of Arkansas · Dec 15, 1871

Hayman was a regular miller, and was well qualified to judge of the value. … The above is the substance of what was proven on the trial, and we are of opinion that it clearly establishes the fact,vthat the rent of the property, for'the time it was in the possession of Bright, was worth even more than

Eoff v. Warden

330 Ark. 244 · Supreme Court of Arkansas · Oct 16, 1997

The property in question in the Stalter case was a porch on a house the control of which had clearly been relinquished to the tenant. … It is well-established that the landlord’s traditional tort immunity is not available when injuries to tenants or to others result horn dangerous conditions on portions of the property that are within the control of the landlord

Brown v. Novak

District Court, W.D. Arkansas · Mar 5, 2019

All of the individual-capacity Defendants have asserted the defense of qualified immunity against these claims. … When courts perform this qualified-immunity analysis, it is often preferable to consider the “violation” prong before considering the “clearly established” prong, but it is not mandatory for them to do so.

Scharnhorst v. Cantrell

District Court, W.D. Arkansas · Oct 2, 2024

“Government officials are entitled to qualified immunity unless (1) the plaintiff has asserted a violation of a constitutional right; (2) the alleged right is clearly established; and (3) there exists a genuine issue of … Such a duty, to the extent one exists, was not “clearly established” at the time of the events giving rise to Plaintiff’s claims. Defendant Mulvaney is therefore entitled to qualified immunity.

Pledger v. Baldor International, Inc.

309 Ark. 30 · Supreme Court of Arkansas · Mar 30, 1992

A presumption exits in favor of the taxing power of the state, and a taxpayer has the burden of establishing the right to an exemption beyond a reasonable doubt. Pledger v. … In interpreting, “used directly in manufacturing”, this court has not required the equipment to directly come into contact with the finished product before qualifying for an exemption. For instance, in Cheney v.

Green v. State

2013 Ark. 455 · Supreme Court of Arkansas · Nov 7, 2013

Washington, 466 U.S. 668 (1984), the trial court clearly erred in holding that counsel’s performance was not ineffective. Stevenson v. State, 2013 Ark. 302 (per curiam); Taylor v. State, 2013 Ark. 146, ___ S.W.3d ___. … Additionally, section 12-12- 917(b)(4)(B) (Repl. 2009) states that a “sex offender has immunity for a statement made by him or her in the course of assessment with respect to prior conduct under the immunity provisions

Pollock v. Baxter Manor Nursing Home

536 F. Supp. 673 · District Court, W.D. Arkansas · Apr 14, 1982

confused the good faith test established for qualified immunity set out in Scheuer v. … Clearly then, it is not the deprivation of employment which may form the basis of plaintiff’s claim, but rather the lack of a hearing.

Opinion No.

Arkansas Attorney General Reports · Oct 2, 2007

The FOIA does not define the phrase "clearly unwarranted invasion of personal privacy." … They do not appear to qualify as either employee evaluation/job performance records or personnel records.

Brown v. State

239 Ark. 909 · Supreme Court of Arkansas · Nov 8, 1965

While the shell case, bullet and pistol were not taken from Brown, it was established that these items had been in the possession of defendant. … Justice White, went on to say: “* * # jn q^st for an impartial and qualified jury, Negro and white, Protestant and Catholic, are alike subject to being challenged without cause.

Pettus v. Kerr

87 Ark. 396 · Supreme Court of Arkansas · Sep 28, 1908

The testimony adduced at the trial tended to establish the allegations of the complaint, and was sufficient for that purpose. … The two instructions are not in conflict with each other, but the latter explains and qualifies the former. Citizens’ Electric Co. v. Thomas, 75 Ark. 260 .

Hardesty v. Baptist Health

431 S.W.3d 327 · Court of Appeals of Arkansas · Dec 11, 2013

App. 731 of Civil Procedure 36(b) (2012) clearly states that a trial court can permit withdrawal or amendment of responses to answers to requests for admission. … Once a moving party has established a prima facie entitlement to summary judgment, the opposing party must meet proof with proof and demonstrate the existence of a material issue of fact. Id.

Opinion No.

Arkansas Attorney General Reports · Jan 13, 2000

As noted in the above referenced opinion, the Highway Commission clearly has jurisdiction to adopt the recited regulations as applicable to carriers operating entirely intrastate, see A.C.A. §§ 23-2-209 and 23-13-204 , except … Section 382.101 declares that "[t]he purpose of this part is to establish programs designed to help prevent accidents and injuries resulting from the misuse of alcohol or use of controlled substances by drivers of commercial

Dequon Israel v. State of Arkansas

2026 Ark. App. 158 · Court of Appeals of Arkansas · Mar 4, 2026

Brooke Digby with the Arkansas Public Defender Commission testified that there were more options for Israel than DYS and that he could potentially qualify for residential placement and reentry programs in the juvenile … Regardless, the testimony established that Israel’s placement in a juvenile program would be difficult due to his defiance and physical aggression. The circuit court did not clearly err.

Baucum Fulk v. Marion Fulk, Martin Fulk, and Austin Fulk

2022 Ark. App. 338 · Court of Appeals of Arkansas · Sep 21, 2022

Testimony presented established that Baucum also hunted at the Duck Club and enjoyed it for many years. … The evidence presented at trial demonstrates that Baucum is qualified, able, and fit to serve as executor of Gus’s estate.

Jones v. Scott

92 Ark. App. 85 · Court of Appeals of Arkansas · Jun 22, 2005

The following was established at the hearing on the guardianship petition. Barbara Scott is age forty-seven and Chester Scott is sixty-nine. … In a guardianship proceeding, there is a preference for the natural parent, unless it is established that the natural parent is unfit. Id.

Opinion No.

Arkansas Attorney General Reports · Nov 6, 2001

RESPONSE It is my opinion that the provision for the hiring of staff members by the County Attorney is clearly unconstitutional. … But clearly, the County Judge is vested exclusively with the duty and responsibility for hiring county employees.

Lankford v. Plummerville Arkansas, City of

District Court, E.D. Arkansas · Mar 15, 2021

Government officials, like Duvall, are entitled to qualified immunity for claims against them in their individual capacity “unless the official's conduct violated a clearly established constitutional or statutory right … was that right clearly established at the time of the defendant's alleged misconduct.

Williams v. State

338 Ark. 97 · Supreme Court of Arkansas · Jun 10, 1999

The circumstances surrounding Errickson’s abduction clearly support the jury’s verdict that she was restrained without consent. … Williams first argues death-qualifying the jury was unconstitutional. This issue has already been settled by this court. We have time and again rejected the notion that death-qualified juries are unconstitutional.

Gardner v. Hecht

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

did not violate a clearly established constitutional right. … Because the Court finds that no constitutional violation occurred, Officer Hecht is entitled to qualified immunity, and the Court “need not undertake an analysis into whether the right in question was clearly established

Foust v. Montez-Torres

456 S.W.3d 736 · Supreme Court of Arkansas · Feb 26, 2015

Accordingly, the circuit court did not clearly err in holding that Foust was not in loco parentis for the entirely of M.F.’s life. … We will not reverse the circuit court’s findings unless they are clearly erroneous. Id.