Case law

Davis v. Daniel

District Court, W.D. Arkansas · Apr 4, 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).

Swindler v. Lockhart

693 F. Supp. 760 · District Court, E.D. Arkansas · Aug 12, 1988

It is clearly established law that the number of jurors excused for cause, standing alone, does not entitle a defendant to a change of venue. … Clearly, there was ample evidence in the record to support giving the instruction. Accordingly, this ground for relief is DENIED. VI.

Scharnhorst v. Cantrell

District Court, W.D. Arkansas · Mar 1, 2023

Qualified immunity “shields police officers from lawsuits based on official conduct if reasonable officers in the same position could have believed their conduct was lawful in light of clearly established law and the … To overcome qualified immunity, “a plaintiff must allege (1) a violation of his statutory or constitutional rights, and (2) that the right was clearly established at the time of the defendant’s alleged misconduct.”

Moore v. Sipes

85 Ark. App. 15 · Court of Appeals of Arkansas · Feb 4, 2004

We agree with appellant that the trial court’s decision to appoint appellees as guardians in this case was clearly erroneous. … A preference for the natural parent must prevail in third-party guardianship cases unless it is established that the natural parent is unfit. See Robbins v. State, 80 Ark. App. 204 , 92 S.W.3d 707 (2002).

Wallace

District Court, E.D. Arkansas · Aug 28, 2026

Wallace objects to the Recommendation’s determination that defendant Xavier Sutton is entitled to qualified immunity (Dkt. No. 66). … First, regardless of whether Sutton worked previously or regularly in the barracks at issue, Wallace has failed to come forward with record evidence to establish that Sutton knew or should have known of any information

Riley v. Jones

District Court, W.D. Arkansas · Feb 7, 2025

“Few doctrines were more solidly established at common law than the immunity of judges from liability for damages for acts committed within their judicial jurisdiction.” Pierson v. … The Supreme Court established the absolute immunity of a prosecutor from a civil suit for damages under Section 1983 “in initiating a prosecution and in presenting the State’s case.” Imbler v.

Jones v. Grant

District Court, E.D. Arkansas · May 19, 2021

Qualified immunity protects government officials from liability for damages “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person [in their positions … Because she cannot establish a constitutional violation, Grant is entitled to qualified immunity on Jones’ individual capacity claims.

ADAM G. WEEKS v. JOHN THURSTON, IN HIS OFFICIAL CAPACITY AS ARKANSAS SECRETARY OF STATE; jUDY MILLER; CARA BRYANT, KEITH DECLERK, AND CAROLYN TOWELL, IN THEIR OFFICIAL CAPACITIES AS COMISSIONERS OF THE RANDOLPH COUNTY ELECTION COMMISSION; MICHAEL BRADLEY, JUDY VERKLER, AND TOMMY HOLLAND, IN THEIR OFFICIAL CAPACITIES AS COMMISSIONERS OF THE LAWRENCE COUNTY ELECTION COMMISSION; LOU ANN CUSHMAN, HOLLY MCLARAN, AND HOMER WILES, IN THEIR OFFICIAL CAPACITIES AS COMMISSIONERS OF THE SHARP COUNTY ELECTION COMMISSION; And DAVID DICKSON, ALICE JAMES, AND DONNA GOULD, IN THEIR OFFICIAL CAPACITIES AS COMMISSIONERS OF THE JACKSON COUNTY ELECTION COMMISSION

2020 Ark. 64 · Supreme Court of Arkansas · Feb 13, 2020

The Fronterhouse court rejected the State’s position that the proponent of a conviction must demonstrate the underlying facts giving rise to the conviction in order to establish that it involves dishonesty or false statement … Such misconduct on Judge Thompson’s part clearly violated Canons 1 and 2 A. Id. at 272, 16 S.W.3d at 221–22.

Rogers v. Silva

District Court, W.D. Arkansas · Sep 15, 2023

“Few doctrines were more solidly established at common law than the immunity of judges for liability for damages for acts committed within their judicial jurisdiction.” Pierson v. Ray, 386 U.S. 547, 553-54 (1967). … “[T]here is no clearly established constitutional right to a haircut.” Simmons v. Lanigan, No. 16-4215, 2021 WL 1712577, *6 (D.N.J. Apr. 30, 2021) (cleaned up).

Amanda Walker and Randalle Sanders v. Arkansas Department of Human Services and Minor Children

640 S.W.3d 9 · Court of Appeals of Arkansas · Jan 19, 2022

We hold that the circuit court’s determination that Walker’s parental rights should be terminated is not clearly erroneous. … We held that the circuit court did not clearly err in determining that DHS proved beyond a reasonable doubt that active efforts were made.

State of Arkansas v. Minor Child

2026 Ark. 66 · Supreme Court of Arkansas · Apr 16, 2026

It establishes standards for determining whether an offender should be tried as a juvenile, and such decisions—and the mechanisms for making those determinations—are for the General Assembly to decide. See id. … We generally apply those terms to the medical examiner’s testimony, who, after being qualified as an expert, can testify how and why the victim died.2 This is obviously why the circuit court found no evidence about the

Burdine v. Arkansas Department of Finance & Administration

379 S.W.3d 476 · Supreme Court of Arkansas · Nov 18, 2010

Must retest to qualify for new CDL. On April 21, 2009, Burdine filed a petition for de novo review in the circuit court. … The circuit court so found, and we cannot say that it clearly erred in doing so.

Striegel

District Court, W.D. Arkansas · Nov 25, 2025

Plaintiff alleges that his mouth “hurt” and that he “clearly need[ed] to be seen by [a] medical” professional at the time of the incident. (ECF No. 1, at 9). … its immunity, or the Ex Parte Young doctrine applies.

Opinion No.

Arkansas Attorney General Reports · Oct 29, 1998

I cannot conclude that a uniform dress requirement clearly conflicts with the Arkansas Constitution's guarantee of "free public schools." … If the committee recommends the adoption of such a code, the board may refer the issue to a vote of the qualified electors of the district. A.C.A. § 6-18-102 (b)(2).

Partin v. Bar of Arkansas

320 Ark. 37 · Supreme Court of Arkansas · Mar 20, 1995

The Board of Law Examiners has, however, refused to recommend his admission on the ground that he is not morally qualified. Mr. … A majority of the Board finds and concludes that the record, beyond a preponderance of the evidence, establishes otherwise.

MacKintrush v. State

334 Ark. 390 · Supreme Court of Arkansas · Oct 1, 1998

We are not convinced that this finding of fact was clearly erroneous so as to warrant reversal. III. … From the facts before us, it does not appear that MacKintrush ever established a legal right which the court would be required to enforce.

Talley v. Little Rock, City of

District Court, E.D. Arkansas · Jul 13, 2021

most favorably to the plaintiff make out a violation of a constitutional right, and (2) whether that right was clearly established at the time of the challenged conduct. … immunity.

Oliver Ex Rel. Estate of Oliver v. United States Army

758 F. Supp. 484 · District Court, E.D. Arkansas · Mar 13, 1991

Section 501 claims clearly must be exhausted before filing suit. 29 U.S.C. § 794a(a)(l). Whether the same is true for a § 504 claim, which Morgan asserts, however, is not as clear.... … An independent establishment means an establishment in the executive department, military department, or part thereof. 5 U.S.C. § 104 . The AAFES is a part of the Department of Defense, (footnote omitted).

Phillips v. State

266 Ark. 883 · Supreme Court of Arkansas · Sep 12, 1979

Clinger: I’m going to object on the basis that the father isn’t qualified to give an opinion, make a mental diagnosis, psychiatric diagnosis. Mr. Phillips: I believe I am better qualified — The Court: Just a minute. … Obviously, the objection was to opinion testimony by a non-expert witness and for the reason stated, such opinions are clearly admissible on adequate foundation.

Opinion No.

Arkansas Attorney General Reports · Feb 13, 2009

TO OWN AND OPERATE SEVEN CASINO GAMING ESTABLISHMENTS ONE EACH IN SEBASTIAN, PULASKI, GARLAND, MILLER, CRITTENDEN, BOONE, AND JEFFERSON COUNTIES; AND TO ESTABLISH THE ARKANSAS EDUCATIONAL TRUST FUND AND THE ARKANSAS GAMING … You refer in your ballot title to the General Assembly's establishment of a "state lottery" and yet include in the text of your measure no provision for the establishment of a lottery.