Case law

Opinion No.

Arkansas Attorney General Reports · Mar 4, 1988

The Act contains similar benefit provisions for firemen and policemen, and states the following under both Sections 1 and 2: The additional benefits provided herein shall be effective for all qualifying applications first … It is well-established that legislative enactments will ordinarily be deemed to apply prospectively only, unless the intent for retroactive application is clearly expressed. Arkansas Rural Medical Practice v.

Rosenzweig v. Benton County Sheriff's Office

District Court, W.D. Arkansas · Aug 16, 2023

clearly established statutory or constitutional rights of which a reasonable person would have known.” … Because the facts do not make out a constitutional violation, Deputy Koster is entitled to qualified immunity. See, e.g., Krout v.

Ragland v. Pittman Garden Center, Inc.

307 Ark. 374 · Supreme Court of Arkansas · Dec 9, 1991

After doing so, he again found that the employees of the Pittman appellees qualified for the exemption. The commissioner then filed a second appeal. … This they failed to do, and the chancellor clearly erred in finding otherwise.

McMullen v. Healthcare Staffing Associates, Inc.

2012 Ark. App. 617 · Court of Appeals of Arkansas · Oct 31, 2012

On September 17, 2009, the trial court granted summary judgment to AEO based on the charitable-immunity doctrine; however, the court of appeals reversed this order on March 2, 2011. McMullen v. Ark. … The contract between Defendant Healthcare Staffing Associates and Arkansas Elder Outreach is clear in its terms that Healthcare Staffing Associates’ obligation is to provide qualified medical employees in the quantity and

Thomson v. Littlefield

319 Ark. 648 · Supreme Court of Arkansas · Feb 27, 1995

In its order granting the Thomsons’ request, the trial court established a date and protocol for the testing and specifically directed that representatives of Littlefield Oil must be present when the Thomsons’ expert and … Tritt clearly was entitled to the sudden emergency instruction, since he did not create the emergency. Smith v. Stevens, 313 Ark. 534 , 855 S.W.2d 323 (1993).

McBeth v. BOARD OF ED. OF DeVALL'S BLUFF SCH. DIST. NO. 1, ARK.

300 F. Supp. 1270 · District Court, E.D. Arkansas · Jun 20, 1969

Federal jurisdiction is established, 28 U.S.C.A. § 1343 (3) and 42 U.S.C.A. § 1983 . … to teach, and to replace another teacher if better qualified.

See v. State

296 Ark. 498 · Supreme Court of Arkansas · Oct 10, 1988

At trial, the state’s proof clearly showed that the appellant shot and killed the two victims. … Code Ann. § 5-65-103 (1987), establishes 0.10% as the legal intoxication rate.

Favano v. Elliott

2012 Ark. App. 484 · Court of Appeals of Arkansas · Sep 12, 2012

Favano first argues that the trial court’s order granting Elliott visitation is clearly erroneous because there was insufficient proof that Elliott established a significant and viable relationship with M.F. … Though Favano did testify that a relationship with Elliott was in her daughter’s best interest, she also qualified this statement and further explained that court-ordered visitation was not in M.F.’s best interest.

Jackson v. State

427 S.W.3d 607 · Supreme Court of Arkansas · May 16, 2013

Does it lomean “clearly against the greater weight of the evidence?” If so, then that seems to fall short of the “clearly erroneous standard.” … of paperwork may be a presumptively-appropriate starting point to gauge the justifiable duration of an initial traffic stop, Menne, Yar-brough, and Sims should not be construed as creating some sort of safe harbor that immunizes

Pratt v. Roberts

District Court, W.D. Arkansas · Jul 5, 2023

Individual Capacity Claims Next, Defendants Roberts argues he cannot be held liable for actions of which he was not personally involved, and he asserts qualified immunity. … Without individual liability, the Court need not address Defendants’ assertion of qualified immunity. B.

Davis v. State

314 Ark. 257 · Supreme Court of Arkansas · Oct 4, 1993

Clearly, as Davis points out, fundamental fairness entitles indigent defendants to “an adequate opportunity to present their claims fairly within the adversary system.” Ross v. Moffitt, 417 U.S. 600, 612 (1974). … that ‘death qualification’ in fact produces juries somewhat more conviction prone than non-death qualified juries.

Opinion No.

Arkansas Attorney General Reports · Sep 12, 2011

before the word it modifies, 8 indicating that "substantial" in this case clearly modifies "input." … State , 337 Ark. 503 , 989 S.W.2d 533 (1999). 16 If it is established that an appointee in fact is not qualified, there are three possible causes of action that may be brought to remove an individual who is ineligible to

Opinion No.

Arkansas Attorney General Reports · Jan 11, 2002

In short, the term "regularly served" should be more clearly defined. 3. … Subsection 1(h) is confusing in designating January 1, 2002 as the reference date for determining what qualifies as a "Dry County."

Elizabeth Hospital, Inc. v. Richardson

167 F. Supp. 155 · District Court, W.D. Arkansas · Nov 6, 1958

The factual allegations of the complaint, however, as distinguished from this conclusion, clearly establish that if there was any restraint, it related solely to a lessening of the practice of Dr. … These allegations, however, fall short of establishing a claim under Arkansas law. In Meier v.

Opinion No.

Arkansas Attorney General Reports · Feb 22, 2008

under § 14-169-207 , a regional housing authority established under § 14-169-304 , or a consolidated housing authority established under § 14-169-401 [.] 1 All varieties of public housing authority have been legislatively … In my opinion, under Arkansas law, a housing authority cannot establish its own law enforcement agency by employing individuals qualified to serve as "law enforcement officers" in that they have completed the training program

Opinion No.

Arkansas Attorney General Reports · Feb 17, 2004

The scope of practice defined here, and the areas specifically set forth, are part of an effort to establish the broad range of services offered within the profession. … The Arkansas Board of Examiners in Speech-Language Pathology Audiology has clearly adopted a policy against interfering with other hearing-related practices and professions.

Stanley v. Brady

District Court, W.D. Arkansas · Aug 27, 2018

Qualified Immunity Analyzing a claim of qualified immunity requires a two-step inquiry. Jones v. McNeese, 675 F.3d 1158, 1161 (8th Cir. 2012). … and (2) the right was clearly established at the time of the violation.”

Clark County, Ark. v. At&t Corp.

2026 Ark. App. 348 · Court of Appeals of Arkansas · May 20, 2026

Standard of Review The standard of review on appeal from a bench trial is whether the circuit court’s findings were clearly erroneous or clearly against the preponderance of the evidence. City of Rockport v. … of the state, is immune from ad valorem taxation).

Opinion No.

Arkansas Attorney General Reports · Mar 20, 2009

Given that you are a public employee, I believe documents containing the requested information clearly qualify as "public records" under this definition, as would any other records maintained by your employer relating to … The FOIA does not define the phrase "clearly unwarranted invasion of personal privacy."

Schieffler v. Pryor (In re Baldwin)

184 B.R. 558 · United States Bankruptcy Court, E.D. Arkansas · Apr 12, 1995

Said actions by the trustee and Baldwin were clearly taken only for the purpose of attempting to extract additional monies from the defendants without legal basis or justification. … to determine the issue of immunity. .