Case law

McBee

District Court, W.D. Arkansas · Jun 8, 2026

Plaintiff alleges that Defendant Chessir and Brasel were not acting in good faith by continuing to prosecute her because “the unlawfulness [of her arrest and search and seizure] was clearly established with the court.” … Pachtman, 424 U.S. 409, 431 (1971) established the absolute immunity of a prosecutor from a civil suit for damages under § 1983 “in initiating a prosecution and in presenting the State’s case.” Id. at 427.

Dunahue v. Kelley

District Court, E.D. Arkansas · Oct 28, 2022

The officers are not entitled to qualified immunity at this point. … The applicable law is clearly established.

Davis v. Davis

489 S.W.3d 195 · Court of Appeals of Arkansas · Apr 13, 2016

Standard of Review We review divorce cases de novo. 5 However, we will not reverse the circuit court’s findings of fact unless they are clearly erroneous. 6 Findings are clearly erroneous when the reviewing court … App. 210 We observe at the outset that the Eureka Springs business and the real-estate contract undisputedly qualified as marital property.

Leach v. Standard Register Co.

94 F.R.D. 621 · District Court, W.D. Arkansas · Jun 1, 1982

Consequently, plaintiff is not qualified to represent such a class. … Although plaintiff is clearly a member of this class, similarly situated to the other members, the press test was given to only 13 females during the applicable period. Only six failed it.

Dove v. Parham

196 F. Supp. 944 · District Court, E.D. Arkansas · Aug 25, 1961

In passing on the applications for lateral transfers the Board, in accordance with its established procedures, interviewed all of the applicants and their parents and considered all relevant material before it. … that school, it does mean that the Board, which has elected to proceed under a transitional plan, must make it possible within a reasonable time for any Negro student who desires to attend Dollarway, and who is otherwise qualified

Graham v. State

2012 Ark. App. 90 · Court of Appeals of Arkansas · Jan 25, 2012

Moreover, the form clearly indicates that Graham understood all of his rights and that Graham did not want an additional test at his own expense. … The plain wording of the statutory scheme indicates that the legislature intended to establish the alcohol concentration by approved tests, which the model instruction references.

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).

Teas v. State

266 Ark. 572 · Supreme Court of Arkansas · Oct 1, 1979

In my opinion, they were clearly a series of acts connected together or constituting parts of a single scheme or plan. … This is hardly a basis for saying that the holding of the trial court was clearly against the preponderance of the evidence.

Arkansas Railroad Commission v. Castetter

180 Ark. 770 · Supreme Court of Arkansas · Dec 23, 1929

By § 3 of the article the declaration is made that no citizen shall be deprived of any right, privilege or immunity. … By § 18 the General Assembly is prohibited from making- any grant to any -citizen or class of citizens of privileges or immunities which upon the same terms shall not equally belong ,to- all citizens.

Frazier

District Court, E.D. Arkansas · Feb 19, 2026

To state individual capacity claims, Frazier must allege that Bralon’s injuries occurred when defendants, who are state actors, violated his clearly established rights. West v. … Johnson, 763 F.3d 998 (8th Cir. 2014) (to establish an ADA discrimination claim, a qualified individual with a disability must show he has suffered an adverse action as a result of the disability); Birmingham v.

In Re Estate of Keathley

367 Ark. 568 · Supreme Court of Arkansas · Nov 2, 2006

We review probate proceedings de novo and we will not reverse the decision of the probate court unless it is clearly erroneous. Burns, 364 Ark. 280 , 219 S.W.3d 134 . … As pointed out above, Shelton has never been declared a legitimate heir and, consequently, he does not qualify as an interested person within the Probate Code.

Opinion No.

Arkansas Attorney General Reports · Jun 3, 2004

(b) In addition, the board is authorized to establish appropriate rules, regulations, and standards defining or limiting the emergency medical procedures or services that may be rendered by a certified emergency medical technician … This analysis is clearly consistent with my views as expressed in Opinion No. 2004-063 .

LINDA ROUSE, AS SPECIAL ADMINISTRATOR OF THE ESTATE OF BILLY RAY WAYMON v. JOHN WESLEY TIPPIT

Court of Appeals of Arkansas · Sep 17, 2025

At the hearing held on August 29, the parties stipulated that Lisa and April qualified as beneficiaries under Ark. … The evidence in this case clearly reflected an emotional bond rising to the level of a parental relationship.

Little Red River Levee District No. 2 v. Garrett

154 Ark. 76 · Supreme Court of Arkansas · May 29, 1922

The facts alleged by appellant with respect to the fraudulent use of the fourth-issue bonds by Erganbright and Long are established by the overwhelming weight of the evidence. … That, in other words, was a case where the exception to the rule against imputing knowledge of the agent to his principal was clearly applicable.

Scott v. Houpt

73 Ark. 78 · Supreme Court of Arkansas · Nov 19, 1904

This' latter clause serves another useful purpose in enabling creditors to ascertain the holding of their debtors, and establishing a basis of credit for the stockholder. … It is clearly inapplicable. The duties and functions of the clerks are defined by statute, and one clerk has no more authority in the other office than the sheriff or assessor. Such filing is wholly ineffectual.

Hartford Fire Insurance v. State

76 Ark. 303 · Supreme Court of Arkansas · Jul 15, 1905

These terms should qualify the clauses to which they are annexed grammatically and in fact, if possible. … These principles are well established. 2 Lewis’ Sutherland on Stat. Con. § § 462, 470, 471; 1 Elliott, Evidence, § § 53, 59, 65, 67; U. S. v. Union Pac. Ry. Co. 91 U. S. 72 ; U. S. v. Trans-Missouri Freight Assn. 166 U.

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 .

Imboden v. Hunter

23 Ark. 622 · Supreme Court of Arkansas · Dec 15, 1861

The court said: “That a trustee cannot be the purchaser of a trust estate, without leave of the court, is an established rule in equity. A mortgagee is a trustee, but in a qualified sense. … Whether the mortgagee is a trustee in a technical sense, or is so in a qualified sense only, can make no difference.

McKeown v. State

197 Ark. 454 · Supreme Court of Arkansas · Jan 9, 1939

In appellant’s brief it is urged that tbe law’s intent was “to keep closed on Sunday all stores and general merehándise establishments, including dram shops and saloons. … If a majority of the qualified voters opposed the sale of beer, such sale was prohibited.

Mickens v. Correctional Medical Services, Inc.

395 F. Supp. 2d 748 · District Court, E.D. Arkansas · Aug 2, 2005

Assuming, however, that such application was made, the record evidence demonstrates that Plaintiff was not qualified for the position. … Plaintiff argues that the circumstances and timeline of when Plaintiff was denied work “clearly establish that his pardoned criminal record could not be the real reason for the actions” of CMS. (Pl.’s brief at p. 4).