Case law

Opinion No.

Arkansas Attorney General Reports · Jul 19, 2007

Given that the subject of the request is a state employee, I believe the records at issue clearly qualify as "public records" under this definition. As my predecessor noted in Op. Att'y Gen. … The FOIA does not define the phrase "clearly unwarranted invasion of personal privacy."

Ragelis v. Haase

District Court, E.D. Arkansas · Mar 3, 2020

that Hasse’s conduct violated a constitutional right; and if so, whether the constitutional right was “clearly established” at the time in question, such that a reasonable person in Hasse’s position would have known his … “‘Qualified immunity is appropriate only if no reasonable factfinder could answer yes to both of these questions.’” Id.(quoting Nelson v. Corr. Med. Servs., 583 F.3d 522, 528 (8th Cir.2009).

Onstad v. Bethell

District Court, W.D. Arkansas · Aug 30, 2021

Pachtman, 424 U.S. 409, 431 (1976), established the absolute immunity of a prosecutor from a civil suit for damages under 42 U.S.C. § 1983 “in initiating a prosecution and in presenting the State’s case.” … entitled to qualified immunity).

Foundation Telecommunications, Inc. v. Moe Studio, Inc.

69 Ark. App. 20 · Court of Appeals of Arkansas · Jan 19, 2000

The standard that we apply when we review a judgment entered by a circuit court after a bench trial is well established. … We will not reverse a trial court’s finding of fact unless it is clearly erroneous. Schueck v. Burris, 330 Ark. 780 , 957 S.W.2d 702 (1997).

Allen v. Tobacco Superstore, Inc.

375 F. Supp. 2d 796 · District Court, E.D. Arkansas · Jun 16, 2005

She was clearly less qualified than Allen. Her application does not even indicate whether she graduated high school. She had worked six months as a bookkeeper/sales person at a hardware store. … More incredible is the failure of TSI to promote clearly highly qualified black individuals, such as Darrough and Allen, who were loyal and trustworthy employees while searching out less qualified white individuals, some

Opinion No.

Arkansas Attorney General Reports · Jul 30, 2010

qualify as "public records" under this definition. … The FOIA does not define the phrase "clearly unwarranted invasion of personal privacy."

Special School District of Fort Smith v. Lynch

242 Ark. 385 · Supreme Court of Arkansas · Apr 24, 1967

Lynch still retain the identical rights of a teacher who completed her contract, or was it first necessary that she follow established procedures to become reinstated to active standing? Mrs. … Lynch had complied with all prerequisites, for the agreement permitting leave clearly states that reemployment is subject to a vacancy, “which, in the judgment of the Superintendent of Schools, the returning employee is qualified

Shaw v. Jackson

District Court, W.D. Arkansas · Dec 16, 2020

The Eighth Circuit has found parole officers to be entitled to either absolute or qualified immunity depending on the function at issue. … A review of Plaintiff’s allegations, construed liberally, demonstrate that Defendants Ross and Blackmon, as parole officers, are entitled to either absolute immunity or qualified immunity.

City of Pocahontas v. Huddleston

309 Ark. 353 · Supreme Court of Arkansas · May 11, 1992

erroneous (clearly against the preponderance of the evidence). … The appellees counter that wearing uniforms and badges is enough to qualify as law enforcement officers. We disagree.

Williams v. Gulick

District Court, W.D. Arkansas · Sep 6, 2024

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 … Regarding the expectation of privacy, the Court noted that parole was “an established variation on imprisonment” on which the statute imposed a clearly stated warrantless search condition. Id. at 852.

Raymond v. State

354 Ark. 157 · Supreme Court of Arkansas · Sep 25, 2003

Thus, he claims, the State failed to establish the element of wilfulness. … I think it’s important to note that the state clearly has a legitimate interest in prohibiting the prescribed conduct inasmuch as clearly a legitimate interest would be safety as well (sic) promoting tourism and other interests

Harpole v. Entergy Arkansas, Inc.

197 F. Supp. 2d 1152 · District Court, E.D. Arkansas · Mar 26, 2002

The Plan language quoted above clearly gives the Benefits Committee discretionary authority to determine if the appropriate party has been paid the Plan benefits. … Plaintiffs clearly had no vested rights at the time he submitted the beneficiary change form.

Breslau v. McAlister

72 Ark. App. 124 · Court of Appeals of Arkansas · Dec 13, 2000

The Court: You need to ask him if he feels qualified in that area to give an opinion on it. Dr. … Berg is qualified to give an opinion in the particular area of labor and delivery. Defense Counsel: Dr.

Wasson, Bank Commissioner v. Pledger

192 Ark. 1006 · Supreme Court of Arkansas · Jul 13, 1936

“The undersigned hereby acknowledges that the funds paid to the undersigned, as evidenced by this receipt, have been paid from a trust account established (for the benefit of creditors of Cotton Belt Bank & Trust Co., of … no effort to ascertain anything about the condition of the bank or its ability to secure the fund by deposit of qualified bonds.

Opinion No.

Arkansas Attorney General Reports · Jan 10, 1991

Because the ATRS did not have personnel qualified to manage the complex, it retained the services of a local property management firm. Your three questions relating to these facts are as follows: 1. … It is my opinion that the answer to your first question is clearly "yes".

United States Ex Rel. Bruce Co. v. Fraser Const. Co.

87 F. Supp. 1 · District Court, W.D. Arkansas · Dec 5, 1949

While the statute uses the general term ‘notice’, its other language clearly shows that it is intended to be, in legal effect, the presentation of a claim. … The requirements of the statute were inserted so that a contractor might, after withholding payments to a sub-contractor for 90 days, pay the latter with immunity from undisclosed claims of materialmen.

Foster v. Foster

472 S.W.3d 151 · Court of Appeals of Arkansas · Sep 30, 2015

The court’s decree recognized this by establishing a plan that initially provided Leah with full support that slowly tapered off over time. … It was clearly designed to maintain the status quo so that Ms. Foster may continue to stay at home with her children.

Bader v. State

344 Ark. 241 · Supreme Court of Arkansas · Mar 22, 2001

The trial court noted that safeguards against unlawful peremptory challenges were established in Batson v. Kentucky, supra. … The principle is well established that a trial court does not abuse its discretion in limiting the scope of voir dire examinations to questions addressing whether the venireperson would be qualified to serve as an impartial

Bobby Kellensworth v. State of Arkansas

600 S.W.3d 622 · Court of Appeals of Arkansas · Apr 22, 2020

Hedges, who qualified as an expert without objection, received a degree in chemistry with a minor in biology. … The circuit court found, and we agree, that the actual address number was irrelevant to the State’s clearly establishing at trial that Kellensworth was physically occupying the house where the controlled drug buys occurred

Walker v. State

241 Ark. 300 · Supreme Court of Arkansas · Oct 31, 1966

This was proper in every respect as the report was clearly admissible in evidence if introduced by the maker thereof. Ark. Stat. … The rule as to a change of venue has been frequently examined and is well established. As stated in Perry v. State, 232 Ark. 959 , 342 S.