Case law

Bankhead v. Arkansas Department of Human Services

264 F. Supp. 2d 805 · District Court, E.D. Arkansas · May 7, 2003

the officer on notice that his conduct would be clearly unlawful, summary judgment based on qualified immunity is proper. 119 The qualified immunity defense fails if an official violates a clearly established right because … “a reasonably competent public official should know the law governing his conduct.” 120 The Eighth Circuit has taken a broad view of what constitutes “clearly established law” for the purpose of qualified immunity, requiring

Dayong Yang v. City of Little Rock

575 S.W.3d 394 · Supreme Court of Arkansas · May 30, 2019

State employees have qualified immunity from suit under section 1983 similar to the immunity that applies to them under Arkansas law. Id. , 436 S.W.3d 141 . … Courts evaluating a claim of immunity must determine whether the plaintiff has alleged the deprivation of an actual constitutional right and, if so, whether that right was clearly established at the time of the alleged violation

Masterson v. Stambuck

321 Ark. 391 · Supreme Court of Arkansas · Jul 17, 1995

On cross-appeal, Conway Corporation asserts that the trial court erroneously ruled that it is not immune from liability for tort as a qualified charitable organization. … Cross-appeal — charitable immunity On cross-appeal, Conway Corporation asserts that the trial court erroneously ruled that it is not immune from liability for tort as a qualified charitable organization.

Smith v. Eggbrecht

414 F. Supp. 2d 882 · District Court, W.D. Arkansas · Dec 23, 2005

Individual-Capacity Claims/Qualified Immunity — Defendant argues that he is entitled to qualified immunity on plaintiffs claims against him in his individual capacity. … Government officials performing discretionary functions are entitled to qualified immunity unless their alleged conduct violated clearly established statutory or constitutional rights of which a reasonable person would have

Broussard v. Waldron School District

866 F. Supp. 2d 1042 · District Court, W.D. Arkansas · Nov 23, 2011

To determine whether the Defendants are entitled to qualified immunity, the Court must ask (1) whether the facts alleged, construed in the light most favorable to John Doe, establish a violation of a constitutional or statutory … right, and (2) whether that right was clearly established at the time of the alleged violation, such that a reasonable official would have known that his actions were unlawful.

Strickland v. Inlow

348 F. Supp. 244 · District Court, W.D. Arkansas · Sep 29, 1972

In Arkansas the immunity is a qualified one by decision law and an absolute immunity by statute. In Douglass v. … This case involves the qualified immunity for school authorities acting within the scope of their authority and in the performance of their official duties.

Tabor v. State

333 Ark. 429 · Supreme Court of Arkansas · Jun 4, 1998

It is evident from the record in this case that Appellant does not qualify for immunity under either of the two foregoing statutes. … Here, however, Appellant has not even established that there ever was an immunity agreement between himself and the Boone County prosecutor.

Osborne v. Howard

844 F. Supp. 511 · District Court, E.D. Arkansas · Feb 23, 1994

The test for qualified immunity is “whether a reasonable officer could have believed [the arrest] to be lawful, in light of clearly established law and the information the [arresting] officers possessed.” Arn ott v. … However, [t]his does not mean ... that courts may always decide questions of qualified immunity on summary judgment.

Montgomery v. Newburn

District Court, E.D. Arkansas · Mar 25, 2020

To establish that Defendants are not entitled to qualified immunity on Montgomery’s individual capacity claims, Montgomery has the burden of demonstrating that: (1) the supported facts, viewed in the light … City of Litchfield, 689 F.3d 961, 965 (8th Cir. 2012) (explaining that qualified immunity “shields a government official from liability and the burdens of litigation unless his conduct violates ‘clearly established statutory

ACW, INC. v. Weiss

329 Ark. 302 · Supreme Court of Arkansas · Jun 30, 1997

XVI, § 13, and asked for refunds, injunctive relief, and the establishment of a common fund. … To the contrary, the public policy of our state clearly favors sustaining public schools and defraying necessary expenses of government.

John Chism Bail Bonds, Inc. v. Pennington

656 F. Supp. 2d 929 · District Court, E.D. Arkansas · Aug 31, 2009

are entitled to qualified immunity. … ; that they are not protected by sovereign immunity because they acted with malice; and that they are not protected by qualified immunity because it was deprived of a clearly established constitutional or statutory right.

Bland v. Lyle

District Court, W.D. Arkansas · Apr 1, 2020

Ann., 800 F.3d 985 (8th Cir. 2015) (dismissing failure to train claim after granting qualified immunity on excessive force claim); see also Clark v. Ware, 873 F.Supp.2d 1117, 1122 (E.D. … (Doc. 22-2, p. 3) (emphasis added), this is clearly at odds with the undisputed facts. The causation question is free from doubt.

Lewis v. Harrison School District No. 1

621 F. Supp. 1480 · District Court, W.D. Arkansas · Nov 1, 1985

Therefore, under Harlow , the individual defendants are immune unless their actions violated clearly established law. … Lewis’ employment did not violate clearly-established constitutional law as it existed in mid-1981. The individual defendants, therefore, are immune from liability in either event.

Opinion No.

Arkansas Attorney General Reports · Dec 7, 2005

Const. art. 9 , § 3 provides any owner of a homestead with a qualified immunity from creditors' claims made against the property. With respect to your first question, see the attached Ark. Op. … For purposes of the Amendment 79 exemptions, the subsequently enacted A.C.A. § 26-26-1122 (a)(1) establishes that the grantor/beneficiary of a revocable trust would qualify for the exemption.

Opinion No.

Arkansas Attorney General Reports · Jan 9, 2001

Such a result clearly violates the spirit of Rule 408. The scenario just recited may have been played out in Lake View. … Sovereign immunity is clearly a concept grounded in "fixed public policy," not "court administration." Moreover, it is a concept the Supreme Court has repeatedly recognized as subject solely to legislative modification.

Opinion No.

Arkansas Attorney General Reports · Dec 8, 1988

Subsection (1) of 16-6-103 (Supp. 1987), the definitional section of the Volunteer Immunity act, defines a "qualified volunteer" as: any person who, if free will, provides goods or services without financial compensation … As noted earlier, that act does not apply to agencies "established principally for the recreational benefit of its stockholders or members." A.C.A. 16-6-103 (2).

Nelson v. Stubblefield

308 S.W.3d 586 · Supreme Court of Arkansas · May 7, 2009

Ber-nards pled charitable immunity at a later time. Prior to trial, St. … Bernards waived its charitable-immunity defense.

McLemore v. Weiss

427 S.W.3d 56 · Supreme Court of Arkansas · Apr 18, 2013

Regarding the State’s sovereign immunity argument, the trial court found that § 24-6-205 provided “a limited waiver of sovereign immunity.” … The fact that the allowance was reportable for tax purposes does not automatically qualify it as salary or payroll.

Sturdivant v. City of Farmington

255 Ark. 415 · Supreme Court of Arkansas · Nov 5, 1973

Pitts, 244 Ark. 1239 , 429 S.W.2d 45 (1968), we set aside the rule of law established by precedent which granted immunity to municipalities from tort liability. … The mere change from a permission to carry insurance to a direction to do so certainly should not be construed to create an exception from a clearly and positively declared immunity from suit.

Hanks v. Sneed

366 Ark. 371 · Supreme Court of Arkansas · May 18, 2006

Once the 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. … This court has announced the following principles regarding sovereign immunity: Sovereign immunity is jurisdictional immunity from suit.