Case law

Opinion No.

Arkansas Attorney General Reports · May 12, 2006

RESPONSE In my opinion, the answer to this question is a qualified "yes." … However, because that right is qualified, I believe her choice of surname might be subject to a later challenge in a legal proceeding between the parties.

Bakos v. Kryder

260 Ark. 621 · Supreme Court of Arkansas · Nov 8, 1976

I hereby establish a fund to be called “The Bakos Fund.” … These provisions clearly reflect that the testatrix, contrary to appellants’ assertions, did not intend that any part of her estate should pass intestate, but meant for all funds except the specific legacies to become a part

First National Bank of Fort Smith v. Brunk

170 Ark. 583 · Supreme Court of Arkansas · Feb 22, 1926

The testimony was therefore clearly admissible. … It was error to admit this piece of testimony as a circumstance tending to establish the fact that appellant was not an innocent purchaser of the draft for value.

Sims v. Brown

District Court, E.D. Arkansas · Aug 24, 2020

Qualified Immunity Defendants argue that they are entitled to qualified immunity on the claims for failure to protect and failure provide adequate medical care.25 Under the … doctrine of qualified immunity, a government official performing discretionary functions is shielded from liability for civil damages if the conduct did not violate clearly established rights or if it would have been objectively

In Re Hartman

115 B.R. 171 · United States Bankruptcy Court, W.D. Arkansas · Jun 1, 1990

In In re Rodriguez, 82 B.R. 74 (Bankr.W.D.Ark.1987), this Court held that, even though an ERISA-qualified plan did not fall within the section 541(c)(2) exception, the anti-alienation provision of the plan could qualify, … The numerous decisions discussing ERISA-qualified plans and traditional spendthrift trusts do not clearly distinguish whether a spendthrift trust is property of the estate but only of nominal value because the anti-alienation

Opinion No.

Arkansas Attorney General Reports · Mar 15, 2005

Given that the subjects of the request are all city employees, I believe documents containing the requested information clearly qualify as "public records" under this definition. As my predecessor noted in Op. … The FOIA does not define the phrase "clearly unwarranted invasion of personal privacy."

In re Corn

493 S.W.3d 311 · Supreme Court of Arkansas · Jun 2, 2016

D4A trusts are clearly provided for by 42 U.S.C. § 1396p(d)(4)(A), and although a state’s participation in the federal Medicaid program is voluntary, states that choose to participate must comply with the requirements of … Administration regarding his -SSI payments, explained the factors that must be met in order to qualify for a D4A trust, and presented his argument that he had met those requirements.

Nelson v. Wood

199 Ark. 1019 · Supreme Court of Arkansas · Feb 19, 1940

Hansel Nelson would have to qualify in the Union probate court as James Word Nelson’s guardian. J. … established.’

Centerpoint Energy Gas Transmission Co. v. Green

2012 Ark. App. 326 · Court of Appeals of Arkansas · May 9, 2012

In reviewing the findings after a bench trial, we reverse only if the findings are clearly erroneous or clearly against the preponderance of the evidence. King v. French, 2011 Ark. App. 257 , 383 S.W.3d 426 . … Pearce, however, testified about his qualifications as an appraiser at length, including that he had been qualified as an expert in previous cases.

Little v. Arkansas Department of Human Services

499 S.W.3d 233 · Court of Appeals of Arkansas · Aug 31, 2016

App. 362 establish or reestablish her fitness to parent K.L. After Doug Little’s sexual abuse of K.L. over a two-year period was discovered, the circuit court found K.L. dependent-neglected for a second time. … The circuit court’s best-interest finding is not clearly erroneous.

Hardy v. Worley

District Court, W.D. Arkansas · Oct 7, 2024

Why when the Letter was clearly marked Legal Mail and it wasn’t address to the Sheriff or the Jail Administrator they broke federal statute when they opened my legal mail. … Personal capacity claims “are those which allege personal liability for individual actions by officials in the course of their duties; these claims do not require proof of any policy and qualified immunity may be raised

Britt v. State

261 Ark. 488 · Supreme Court of Arkansas · Apr 18, 1977

such a change in the established law is intended. … It should be noted that the first sentence of the section clearly states that, when the “same conduct,” i.e., the robbery of A, B, and C, establish the commission of more than one offense, the defendant (X) may be prosecuted

Opinion No.

Arkansas Attorney General Reports · Dec 6, 1996

That is, a credit union may establish more than one of the categories as a basis for membership only if the individual members are required to qualify under all such categories; it may not allow the members to choose one … of several categories under which to qualify.

Daniels v. Dennis

365 Ark. 338 · Supreme Court of Arkansas · Feb 23, 2006

Act 1448 clearly prohibits a person who was appointed to serve as circuit judge from being a candidate for any circuit judgeship in the same judicial district to which he or she was appointed. … Judicial qualifications are set out in Amendment 80, § 16, which provides with respect to circuit judges that he or she must have been a licensed attorney for at least six years and a qualified elector within the geographic

Opinion No.

Arkansas Attorney General Reports · Mar 21, 2008

Given that the subjects of the request are all city employees — namely, members of the Little Rock Police and Fire Departments — I believe documents containing the requested information clearly qualify as "public records" … The FOIA does not define the phrase "clearly unwarranted invasion of personal privacy."

Hankins

District Court, W.D. Arkansas · Mar 23, 2026

The first is in the listed Defendants section, which states that Walker was the administrator of the MCDC 1 Plaintiff also erroneously criticizes the R&R for its recommendations regarding qualified immunity, even though … qualified immunity was never raised in the R&R or in Movants’ motion to dismiss.

Shields v. State

29 Ark. App. 141 · Court of Appeals of Arkansas · Nov 1, 1989

Accordingly, we hold the appellant failed to establish a prima facie case of discriminatory purpose as is required in Batson. 298 Ark. at 58-59 . See also Smith v. State, 294 Ark. 357 , 742 S.W.2d 936 (1988). … The Equal Protection Clause guarantees the defendant that the State will not exclude members of his race from the jury venire on account of race or on the false assumption that members of his race as a group are not qualified

Ward v. Emberton

District Court, E.D. Arkansas · Sep 29, 2023

The question becomes whether qualified immunity shields him from -8- liability. It does not. … They violated Ward’s clearly -11- established rights under the Fourth Amendment.

Keesee v. Johnson

District Court, E.D. Arkansas · Oct 25, 2023

was clearly established at the time of the purported misconduct.” … Eddleman is also entitled to qualified immunity because his acts were authorized by a court order and thus did not violate Keesee’s clearly established statutory rights.

Patricia Williams v. Arkansas Department of Human Services and Minor Child

2025 Ark. App. 507 · Court of Appeals of Arkansas · Oct 29, 2025

The standard of review on appeal is de novo, and we will reverse only if the circuit court’s findings are clearly erroneous. Id. … In Freeman, we rejected Freeman’s argument that “the natural-parent preference must prevail unless it is established that the natural parent is unfit,” observing that “[Stamps v.