Case law

Federal Reserve Bank v. Metrocentre Improvement District 1

492 F. Supp. 353 · District Court, E.D. Arkansas · Jun 23, 1980

The Reserve Banks were established to function, and do function, primarily to serve the business and financial community and the member banks which hold all the stock. … Nonetheless, even if the FRBSL had acted within the time allotted by § 20-416, it would still not be immune from the assessment based on its exemption granted in 12 U.S.C. § 531 .

Smith v. Tallant

District Court, W.D. Arkansas · Aug 7, 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 … Here, however, Plaintiff clearly complains only of an access to the court claim. 6 Plaintiff did not allege any policy, procedure, or custom caused the

Opinion No.

Arkansas Attorney General Reports · Nov 14, 2003

The FOIA does not define the phrase "clearly unwarranted invasion of personal privacy." … Of the documents you have described, records reflecting "personal reprimands or documented written warnings" clearly qualify as "employee evaluation/job performance records" under this definition.

Aaron v. McKinley

173 F. Supp. 944 · District Court, E.D. Arkansas · Jun 18, 1959

ballot proposition of “For Racial Integration of All Schools Within the - School District” or “Against Racial Integration of All Schools Within the - School District”; that Act No. 4 provided that, unless a majority of the qualified … The record before us clearly establishes that the growth of the Board’s difficulties to a magnitude beyond its unaided power to control is the product of state action.

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.

Opinion No.

Arkansas Attorney General Reports · Dec 17, 2008

If in fact that is the case, then the answer to both of your questions is clearly "yes," in my opinion. … Generally, therefore, the recommendations contained in a county resolution do not qualify as a levying ordinance.

Boyles v. Blytheville Arkansas, City of

District Court, E.D. Arkansas · Jan 2, 2024

And he is entitled to qualified immunity, in any event, because he didn’t violate the plaintiffs’ clearly established constitutional rights. Kuessner v. … He is entitled to qualified immunity on the Fourteenth Amendment failure-to-protect and failure-to-train claims.

National Ass'n for the Advancement of Colored People v. Bass

519 S.W.3d 336 · Court of Appeals of Arkansas · Mar 15, 2017

We will not reverse a finding of civil contempt unless it is clearly against the preponderance of the evidence. Balcom, supra. … Clearly, the NAACP’s subsequent conduct in 2012, 2013, and 2014, that called the Branch’s legitimacy into question, violated the November 4, 2011 order.

City of Springdale v. Town of Bethel Heights

311 Ark. 497 · Supreme Court of Arkansas · Jan 19, 1993

The Commission later discovered that only one or two (or less than ten) voters in precinct Washington A were qualified to vote on the tract four annexation question, so it invalidated the votes from that precinct, leaving … We note that § 14-40-304 sets out the procedure to challenge the municipality’s failure to comply with the annexation requirements and § 7-5-801 establishes the procedure to contest the election returns, e.g., whether the

Conway v. Oliver

District Court, W.D. Arkansas · Mar 7, 2018

Qualified Immunity Defendants contend that they are entitled to qualified immunity on Plaintiff’s claims. … Plaintiff maintains that qualified immunity is inapplicable to Defendants. Analyzing a claim of qualified immunity requires a two-step inquiry. Jones v. McNeese, 675 F.3d 1158, 1161 (8th Cir. 2012).

Coatney v. Coatney

2010 Ark. App. 262 · Court of Appeals of Arkansas · Mar 17, 2010

The trial court ordered the property to be sold and the proceeds equally divided, finding that the evidence did not establish either the value of the property without the improvements or the value of the improvements. … With regard to these funds, Larry testified that his mother gave him the money to hold so that his mother would qualify for Medicare.

Booth v. Mason

241 Ark. 144 · Supreme Court of Arkansas · Oct 10, 1966

Booth is not a qualified surveyor, and his answers to the questions relating to the measurements revealed that he worked from an erroneous premise. … As to Count Five, we think appellees, Trustees of the Chastain Church of Christ, clearly established their right to the property in question by adverse possession, and it is accordingly unnecessary to discuss other defenses

Marvel v. Doe

District Court, W.D. Arkansas · Mar 26, 2018

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).

Mendez v. Thomas

District Court, W.D. Arkansas · Aug 13, 2019

Mendez offered in evidence a competing translation of the interrogation by a certified interpreter/qualified translator named Nicholas Durand. … 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

Rector v. Board of Improvement

50 Ark. 116 · Supreme Court of Arkansas · Nov 15, 1887

The members of the board so appointed qualified and entered upon the discharge of their duties and procured estimates of the probable cost of constructing the sewer, which was $9,600. … regulate the manner of assessing real property for local improvements in cities of the first class,” approved March 22d, 1881, after providing how an improvement district shall be formed, and that the order or ordinance establishing

King

District Court, W.D. Arkansas · Aug 21, 2026

King argues that immunity “does not apply to judges or prosecutors who are breaking well established laws.” Id. … Judge Ford reviewed the facts alleged by King and found that King’s claims are barred by Heck, judicial immunity, and prosecutorial immunity.

Pratt v. Mitcham

District Court, W.D. Arkansas · Oct 18, 2024

To establish personal liability of the supervisory defendants, [Plaintiff] must allege specific facts of personal involvement in, or direct responsibility for, a deprivation of his constitutional rights.” … 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

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.

Opinion No.

Arkansas Attorney General Reports · Nov 21, 2006

. § 415 ) sets out limitations on contributions and benefits which apply to individuals covered under a "qualified defined benefit plan" within the meaning of 26 U.S.C. § 401 (a). … . § 415 (b) (establishing the basic rule regarding the annual benefit which may be paid to any individual by a defined benefit plan).

McClanahan v. State

2009 Ark. App. 493 · Court of Appeals of Arkansas · Jun 24, 2009

She was charged with abuse of a corpse but moved for a directed verdict, asserting that there was insufficient evidence to establish that she physically mistreated the corpse of her stillborn child. Id. … However, the question remains whether the submerging of the body can qualify as a continuing-course-of-conduct crime that will toll the three-year statute of limitation.