Case law

Ashley Atkins Edmonds v. Christopher Miller

655 S.W.3d 908 · Court of Appeals of Arkansas · Dec 7, 2022

Christopher was ordered to pay child support, specific visitation was established, and the request for a name change was denied. … erroneous or clearly against the preponderance of the evidence.

Thompson v. State

461 S.W.3d 368 · Court of Appeals of Arkansas · Apr 29, 2015

But Thompson was charged with rape, not violating a minor, and the rape-shield statute clearly applies to a rape charge. … There, the jury commissioners simply went down the list of qualified electors of the county and selected a jury panel from among individuals with whom they were personally acquainted, and because the commissioners were

Hamilton v. Rutledge

District Court, E.D. Arkansas · Jan 11, 2023

Hamilton’s lawsuit against Defendants only named them in their official capacities, which means the lawsuit is one against the State of Arkansas.24 The doctrine of sovereign immunity clearly applies. … Hamilton qualifies as a “prevailing party” in the case at bar. See Libertarian Party of Ark. v.

Walker v. Watson

District Court, W.D. Arkansas · Sep 30, 2022

“Qualified immunity shields public officials from liability for civil damages if their conduct did not ‘violate clearly established statutory or constitutional rights of which a reasonable person would have known.’” … Official Capacity Claims and Qualified Immunity Judge Bryant recommends that all Defendants be granted qualified immunity against Plaintiff’s claims because there have not been any violations of Plaintiff

Randy W. Duck v. State of Arkansas

596 S.W.3d 571 · Court of Appeals of Arkansas · Mar 4, 2020

He argues that two particular jurors have close ties with the prosecuting attorney’s office—one with familial ties and the other through employment relations—and consequently were not qualified to serve as jurors. … He fails to provide facts establishing prejudice.

Nard v. King

District Court, W.D. Arkansas · Aug 15, 2018

Prisoners do not have a clearly established right to receive free medical care. Reynolds v. Wagner, 128 F.3d 166, 174 (3d Cir. 1997). … immunity.

Day v. State

306 Ark. 520 · Supreme Court of Arkansas · Sep 30, 1991

Testimony at trial established that Mr. Woodring had been asleep prior to Day’s assault and that he ran out of the house, barefoot, to escape from Day. State’s Exhibit 3 showed that Mr. … Officer Bell testified that Day appeared sober and reasonable and clearly indicated that he understood the rights read to him.

Shadwick v. State

519 S.W.3d 722 · Court of Appeals of Arkansas · Apr 19, 2017

As the trial court was finding the jury panel qualified, it read the criminal information which included count two—sex offender failing to register— 4 … Because Shadwick failed to meet his burden of proof on the deficiency prong of the Strickland test, the trial court did not clearly err in denying Rule 37 relief.

Doe v. Board of Trustees for the University of Arkansas

District Court, W.D. Arkansas · Nov 28, 2022

Sovereign Immunity a. ADA Claims Defendants assert that sovereign immunity bars Ms. Doe’s ADA claims. … Because the Law School is clearly a department or campus of the University of Arkansas, Ms. Doe’s claims against the Law School must fail.

WOOTBN v. State

249 S.W.2d 964 · Supreme Court of Arkansas · Jun 16, 1952

No grounds for disqualifying any juror were *967 shown and they were therefore presumed to be qualified. … Clearly, in the circumstances, it was within the province of the jury to consider this evidence and reach its own conclusion as to the source of the blood.

Huskey v. Hart

District Court, W.D. Arkansas · Jan 19, 2023

Because there was no constitutional violation, they next argue they are entitled to qualified immunity. … Goemmer, 583 F.3d 557, 564 (8th Cir. 2009) (unless the facts make out a violation of a constitutional right the Defendant is entitled to qualified immunity).

Reaves v. Marsh

658 F. Supp. 1268 · District Court, E.D. Arkansas · Apr 9, 1987

Reaves was designated as the “best qualified” on the applicant list. … Assuming, however, that Reaves has established a prima facie case, the Court finds that defendant has established a legitimate nondiscriminatory reason, not based on sex, for its conduct and Reaves has failed to demonstrate

Jones v. Arkansas Division of Correction

District Court, W.D. Arkansas · Sep 13, 2022

immunity may be raised as a defense. … (“To establish liability in an official-capacity suit under section 1983, a plaintiff must show either that the official named in the suit took an action pursuant to an unconstitutional governmental policy or custom .

Campbell v. Asbury Automotive, Inc.

381 S.W.3d 21 · Supreme Court of Arkansas · Apr 14, 2011

These lenders approve the customer for financing based upon the customer’s credit history and establish the interest rate and other terms upon which the customer is approved. … Once the moving party has established a prima facie entitlement to summary judgment, the opposing party must meet proof with proof and demonstrate the existence of a material issue of fact. See id.

Arnold v. Washington County Sheriff's Department

District Court, W.D. Arkansas · Sep 30, 2018

Qualified Immunity, Excessive Force, and Accidental Discharge The County Defendants’ next argument is that Deputy Rennie is entitled to qualified immunity, because his use of the Taser was reasonable under the circumstances … immunity.

Opinion No.

Arkansas Attorney General Reports · Dec 28, 1999

However, the general rule of disclosure under the FOIA is qualified by A.C.A. § 25-19-105 (a), which provides for disclosure of all public records "[e]xcept as otherwise specifically provided by this section or by laws specifically … Any Act of Congress "is to be presumed to be a constitutional exercise of legislative power until the contrary is clearly established." Close v. Glenwood Cemetery, 107 U.S. 475 (1883); accord I.N.S. v.

Ligon v. Stewart

369 Ark. 380 · Supreme Court of Arkansas · Apr 12, 2007

State Bar of California, [citations omitted], a California court held that the attorney’s alleged mental problems, even if they had been sufficiently established, would be entitled to litde weight in mitigation of his numerous … court in that case held that the ADA did not preclude disbarment because his conduct was not causally related to his disability and, even if it were, the attorney would not be protected under the ADA because he was not a ‘qualified

Lee v. Cox

District Court, W.D. Arkansas · Nov 13, 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 … Claims One and Two The material facts as to whether Plaintiff filed initial grievances on his Claims One and Two are clearly disputed.

Hill v. State

278 Ark. 194 · Supreme Court of Arkansas · Jan 17, 1983

The “death qualified” jury was approved by the United States Supreme Court in Witherspoon v. Illinois, 391 U.S. 510 (1968). Since Witherspoon, we have approved the procedure. Ford v. … An offense is so included if: (a) it is established by proof of the same or less than all the elements required to establish the commission of the offense charged; or (b) it consists of an attempt to commit the offense charged

Worley v. State

259 Ark. 433 · Supreme Court of Arkansas · Mar 8, 1976

The hearsay ruling by the trial court was clearly erroneous. As pointed out in Frampton v. Hartzell, 179 Cal. App. 2d 771 , 4 Cal. … In light of present business practices, the common law requirement is clearly unreasonable.