Case law

Arkansas Rural Medical Practice Student Loan & Scholarship Board v. Luter

292 Ark. 259 · Supreme Court of Arkansas · May 26, 1987

In 1949 the legislature passed Act 131 creating the Arkansas Rural Medical Practice Student Loan and Scholarship Board to promote medical practice in rural areas. 1 The act provided for a five member board, established methods … The Board notified him that Batesville, having a population of 8,241, did not qualify as a rural community. Dr. Luter refused payment of the notes and in October of 1985 the Board filed suit against him. Dr.

Opinion No.

Arkansas Attorney General Reports · Jan 12, 1995

This provision, by use of the term "must," is clearly mandatory. … temporary work-related assignment or duty post, or as a result of their performing duties in connection with their status as military personnel, students, or office holders, shall be deemed residents of that place where they established

Montemayor v. Rosen

474 S.W.3d 114 · Court of Appeals of Arkansas · Oct 21, 2015

Rosen testified that he did not take M.R. with him when he left Montemayor because he was concerned about the legal ramifications of not having had his paternity formally established. … In addition, he testified that he had kept M.R.’s immunizations up to date, while Montemayor had wanted to delay them.

Independent Party of Arkansas v. Secretary of State Priest

907 F. Supp. 1276 · District Court, E.D. Arkansas · Nov 17, 1995

person who, under color of any statute, ordinance, regulation, custom, or usage, of any State ... subjects, or causes to be subjected, any citizen of the United States ... to the deprivation of any rights, privileges, or immunities … Thus, plaintiffs cannot establish a causal connection between the Arkansas primary election laws and the harm they allege. Plaintiffs’ claims under § 1983 are dismissed. IT IS SO ORDERED. 1 .

Opinion No.

Arkansas Attorney General Reports · Sep 1, 2004

These principles clearly bear on the question of whether an authorization to grant financial aid implies an authorization to grant a credit against water and sewer rates. … In my opinion, this term would clearly encompass the payment of water and sewer rates. 2 Section 26-73-114 of the Code in turn qualifies the proscription against donating tax revenues to a school district by providing that

Ouachita Electric Cooperative Corp. v. Evans-St. Clair

12 Ark. App. 171 · Court of Appeals of Arkansas · Jul 5, 1984

It has also been held that while fraud may be established by circumstantial evidence, the circumstances must be so strong and well connected as to clearly show fraud. Stringer v. … The transfer would not have been fraudulent unless an inadequate consideration was established.

Staci & Timothy Aslakson v. Arkansas Department of Human Services & Minor Children

637 S.W.3d 311 · Court of Appeals of Arkansas · Nov 17, 2021

The court set the goal of the case as reunification and established supervised visitation for both parents. … Moreover, the ICWA sets forth more stringent standards for termination of parental rights: testimony of qualified expert witnesses and evidence beyond a reasonable doubt that the continued custody of the child by the parent

Smith v. State

256 Ark. 425 · Supreme Court of Arkansas · Apr 22, 1974

was time spent in jail prior to determination of guilt rather than prior to pronouncement of sentence and that all delays in the period before trial were at the request of Smith, “including the exemption for legislative immunity … The official accusation by information of the prosecuting attorney was sufficient justification for holding appellant in custody until his entitlement to bail was established. Fikes v. State, supra.

Opinion No.

Arkansas Attorney General Reports · Jun 20, 2006

Act 773 clearly does not prohibit such annuities for members not participating in T-DROP. … Att'y Gen. 1996-187 ) ("Clearly, school districts are political subdivisions.")

Guthrie v. Baker

224 Ark. 752 · Supreme Court of Arkansas · Mar 7, 1955

The trial court therefore held incompetent all testimony offered by appellant on the above issue, and likewise held incompetent testimony offered by appellee to establish the validity of the “Harriett” votes. … These two Acts were considered and clearly distinguished in the Parsons case, supra.

Cairo & Fulton Railroad v. Parks

32 Ark. 131 · Supreme Court of Arkansas · Nov 15, 1877

The power of the courts to pass upon this question, is well established, but it is equally well established, that the courts should not declare an act to be unconstitutional, unless clearly satisfied that such is the case … full list of lands acquired, by grant, donation, or subscription, in aid of the construction of its road; which lands shall not be listed or subject to taxation; until ■ conveyed to actual purchasers by such company,” most clearly

Opinion No.

Arkansas Attorney General Reports · Aug 10, 1993

Legislative intent to authorize capital construction outside the city for fighting fires would, I believe, have to be more clearly expressed. Your question also requires reference to A.C.A. §§ 14-284-401 —409 (Cum. … Unincorporated areas of a county may be designated for service by a municipal fire department under this legislation where there is no rural volunteer fire department or fire protection district which qualifies for funds.

Rollins v. Farris

108 F.R.D. 714 · District Court, E.D. Arkansas · Dec 19, 1985

Nanette Rollins’ qualifications were clearly superi- or.” … It is well-settled that in order to establish a prima facie case under 42 U.S.C. § 2000e or 29 U.S.C. § 626 , the plaintiff must show that she was qualified for the position, that she was rejected and that a member of a non-proteeted

Robertson v. Nelson

District Court, E.D. Arkansas · Aug 10, 2023

To determine whether a defendant is entitled to qualified immunity, the Court must consider two questions: (1) do the facts alleged by plaintiff establish a violation of a constitutional or statutory right; and (2) if so … , was that right clearly established at the time of the defendant’s alleged misconduct.

Grosso v. Arkansas Department of Human Services

521 S.W.3d 519 · Court of Appeals of Arkansas · May 10, 2017

Ray, he has followed that with the qualifier “for now.” … The court, however, does not have to determine that every factor considered be established by clear and convincing evidence. Spencer v. Ark. Dep’t of Human Servs., 2013 Ark. App. 96, at 5–6, 426 S.W.3d 494, 498.

Kistner v. Cupples

372 S.W.3d 339 · Supreme Court of Arkansas · Nov 4, 2010

The Simmons court was clearly relying on the exact language that section 376.12(c)(4) now specifically instructs should not affect whether the driver provided by the lessor is an independent contractor or an employee of the … Contractor shall provide Equipment and qualified drivers who have been approved by IDI. [[Image here]] 9.

Heilman v. Martin

2 Ark. 158 · Supreme Court of Arkansas · Jan 15, 1840

therefore, devolved upon the party controverting the jurisdiction by plea, to set forth in his plea, in addition to such facts as would divest the court of its apparent right of jurisdiction, such other facts as should clearly … Heilman, on the one hand, insists that he was the guardian.of Martin, appointed and qualified according to law, when the services and labor for which he is sued in this action, were done and performed: and that an action

Hulsey v. Sargent

550 F. Supp. 179 · District Court, E.D. Arkansas · Nov 12, 1981

The memorandum in support of the petition for rehearing, however, clearly makes the arguments here espoused by Mr. Hulsey. … Hulsey relief under Rule 37 do not answer this question clearly. In its disposition of Mr.

Bockman v. World Insurance

223 Ark. 665 · Supreme Court of Arkansas · May 17, 1954

In determining this issue, this Court, on appeal here, has long been committed to the following rules of law, so well established that citation of authorities is unnecessary: We are required to view the evidence in the light … Yes, sir, I have more than I can look after. ’ ’ Two prominent and qualified practicing physicians in Helena testified on behalf of the insurance companies. Dr. Storm, in effect, testified that he examined Dr.

Walker v. Tillman

District Court, W.D. Arkansas · Aug 24, 2022

Qualified Immunity Government officials performing discretionary functions are generally shielded from liability for civil damages insofar as their conduct does not violate “clearly established … Having found that the facts do not make out a constitutional violation, Corporal Tillman is entitled to qualified immunity. See, e.g., Krout v.