Case law

Humphrey v. Payton

District Court, E.D. Arkansas · Dec 20, 2022

Walker, A Qualified Defense of Qualified Immunity, 93 Notre Dame L. Rev. 1853 (2018); Alexander A. Reinert, Qualified Immunity’s Flawed Foundation, 111 Calif. L. … Minnehan, 14 F.4th 830, 837–38 (8th Cir. 2021) (discussing prior cases and concluding that clearly established law precluded qualified immunity). 380 Wright, 813 F.3d at 699. 381 During oral argument, there was

John Gibson Auto Sales, Inc. v. Direct Insurance Co.

97 Ark. App. 192 · Court of Appeals of Arkansas · Dec 20, 2006

Clearly appellee was proposing that Ark. Code Ann. § 23-89-304 (b) excludes an automobile dealer that holds a lien on a vehicle from receiving notice of the cancellation of a policy on which it is a loss payee. … Sometimes though, people do not qualify for bank loans. Sometimes people are considered too high a risk for a bank to loan money to them.

Leach v. State

504 S.W.3d 668 · Court of Appeals of Arkansas · Oct 26, 2016

Clear and convincing evidence is the degree of proof that will produce in the trier of fact a firm conviction as to the allegation sought to be established. Neal v. State, 2010 Ark. … Grundy also qualified that statement with the additional comment that the adolescent brain is “prone to impulsivity and poorly-planned behaviors and brain development.”3 While perhaps not factually clearly erroneous, this

Opinion No.

Arkansas Attorney General Reports · Oct 3, 1995

Box 5901 Little Rock, Arkansas 72215 Dear Colonel Bailey: This is in response to your request for an opinion on two questions concerning Act 419 of 1995, which authorizes the Arkansas State Police to issue licenses to qualified … The legislature has not clearly specified what is to be included within the "list" — whether only names are to be included, whether every bit of information contained in license applications is to be compiled in the "automated

Anateus Lineal 1948, Inc. v. United States

366 F. Supp. 118 · District Court, W.D. Arkansas · Nov 9, 1973

This argument ignores all the other operations of the plaintiff as established by the evidence. … It was necessary that the ■ plaintiff hire better qualified and more employees to carry out the exempt functions of the plaintiff.

Hendrickson v. Leipzig

715 F. Supp. 1443 · District Court, E.D. Arkansas · Jun 13, 1989

(b) However, information, documents, or records otherwise available from original sources are not to be construed as immune from discovery or use in any such action merely because they were *1445 presented during the proceedings … Thus, Arkansas has clearly expressed its policy that such information is confidential and can only be disclosed under narrow exceptions.

Cunningham v. State

429 S.W.3d 201 · Supreme Court of Arkansas · Sep 5, 2013

Jurors are presumed unbiased and qualified to serve. Burton v. State, 2011 Ark. 351 , 2011 WL 4092783 . … Moreover, appellant fails to establish that he was even prejudiced when the transcript was not admitted because he fails to demonstrate how the alleged disparity in police interview techniques had any relevance to the charges

Knight v. State

62 Ark. App. 230 · Court of Appeals of Arkansas · Jun 24, 1998

This falls short of establishing a foundation upon which to make a guarantee. … Regardless of whether there was an objection, the statements of the prosecutor do not qualify as competent evidence upon which to base an affirmance.

Baker v. Certain Lands in Independence County

19 Ark. App. 253 · Court of Appeals of Arkansas · Nov 26, 1986

The immunity of the state and its arms is therefore not in issue. Parker v. Moore, 222 Ark. 811 , 262 S.W.2d 891 (1953). … The court noted in Koonce that there is no statute establishing a period directly applicable to this principle, but considered by analogy Ark. Stat.

Krecker v. Prosecuting Attorney

District Court, W.D. Arkansas · May 14, 2020

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).

Ann Jenkins v. Mercy Hospital Rogers

633 S.W.3d 758 · Supreme Court of Arkansas · Nov 12, 2021

. §§ 16-123-101 to -108 (Repl. 2016 & Supp. 2021), survives either because Mercy does not qualify for the religious- organization exemption or because the exemption is unconstitutional. … Nor has Jenkins alleged facts to establish that she justifiably relied on the statements made by Mercy.

Great American Insurance v. Dover & Dixon, P.A.

402 F. Supp. 2d 1012 · District Court, E.D. Arkansas · Oct 13, 2005

As a threshold issue, this Court must determine whether the Defendants are entitled to statutory immunity from the legal malpractice claims brought by Plaintiffs. … However, the Court considers such submissions solely to the extent they bear upon the statutory immunity, privity and duty issues before the Court. 14 .

Murry

District Court, E.D. Arkansas · Jul 23, 2026

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. … Qualified immunity is a question of law, not fact, for the court to decide. Kelsay v. Ernest, 933 F.3d 975, 981 (8th Cir. 2019).

Little v. Iverson

District Court, E.D. Arkansas · Feb 4, 2025

immunity. … ’ Motion for Summary Judgment be granted on that basis,4 it not necessary to reach the qualified immunity issue.

Bhc Pinnacle Pointe Hospital, LLC v. Debra Nelson and Henry Anderson, Jr., Individually, and on Behalf of All Others Similarly Situated

594 S.W.3d 62 · Supreme Court of Arkansas · Feb 20, 2020

The AMWA’s rule on administrative remedies is inapplicable to the ARC Agreements because administrative agencies—not private parties—establish administrative remedies. … Andrews, 2018 Ark. 12, 535 S.W.3d 616, that “sovereign immunity” shielded the State from any monetary liability.

Opinion No.

Arkansas Attorney General Reports · Apr 14, 2000

Indeed, Act 1078 repeals the Code sections establishing the county board's general powers and duties. … Art. 19, § 5 states that "[a]ll officers shall continue in office after the expiration of their official terms until their successors are elected and qualified."

Opinion No.

Arkansas Attorney General Reports · Oct 20, 2003

However, A.C.A. § 5-5-102 qualifies this provision by declaring that it will not control if some other provision of law calls for a different disposition of the proceeds. … It is well established that legislative enactments will ordinarily be deemed to apply prospectively only, unless the intent for retroactive application is clearly expressed. See Abrego v. United Peoples Fed. Sav.

Cockrill v. Armstrong

31 Ark. 580 · Supreme Court of Arkansas · Nov 15, 1876

The will is short and concise, the general purpose clearly expressed. … We must, therefore, hold that the grounds assumed by counsel for Cockrill, unless in this qualified #sense, is not well taken.

Freeman v. Ark. Dep't of Human Servs.

2014 Ark. App. 366 · Court of Appeals of Arkansas · Jun 4, 2014

DHS maintained contact and determined that appellant and the mother had not ensured that TF was receiving immunizations or having appropriate follow-up medical care. … The appellate inquiry is whether the trial court’s finding that the disputed fact was proved by clear and convincing evidence is clearly erroneous. J.T. v. Ark.

In Re the Adoption of S.J.B.

294 Ark. 598 · Supreme Court of Arkansas · Feb 29, 1988

While the Supreme Court held that the New York statutes adequately protected Lehr’s inchoate interest in establishing a relationship with his child, the Court clearly did so because the New York law provided a means by which … Clearly, under these provisions, a putative father in Lehr’s situation could not qualify for notice of any adoption proceeding involving his child.