Case law

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  • National Bank of Commerce v. Quirk

    323 Ark. 769 · Supreme Court of Arkansas · Mar 18, 1996

    More significantly, Act 292 simply added the clause “except to the extent that they be covered by liability insurance” as qualifying an employee’s immunity. … Bush, supra, this Court recognized in 1988 that employees have only a qualified immunity and that actions can be maintained against them to the extent they are protected by insurance. 7.

    Cited 30 timesPublished
  • Carlew v. Wright

    356 Ark. 208 · Supreme Court of Arkansas · Feb 19, 2004

    Moreover, there was no evi-' dence to establish that the challenged findings impacted the trial in any respect. … These general motions did not address the issue of appellant’s statutory immunity. Because appellant failed to make a motion for a directed verdict on the issue of appellant’s immunity pursuant to Ark.

    Cited 15 timesPublished
  • JOHN THURSTON, in His Official Capacity as Secretary of State of the State of Arkansas SHARON BRoOKS Bilenda Harris-Ritter WILLIAM LUTHER CHARLES ROBERTS JAMES SHARP And J. HARMON SMITH, IN THEIR OFFICIAL CAPACITIES AS MEMBERS OF THE ARKANSAS STATE BOARD OF ELECTION COMMISSIONERS v. THE LEAGUE OF WOMEN VOTERS OF ARKANSAS ARKANSAS UNITED DORTHA DUNLAP LEON KAPLAN NELL MATTHEWS MOCK JEFFERY RUST AND PATSY WATKINS

    2022 Ark. 32 · Supreme Court of Arkansas · Feb 17, 2022

    We explained that although Martin raised sovereign immunity, “[b]ecause [Haas] has asserted that Act 633 violates qualified voters’ constitutional right to vote and seeks declaratory and injunctive relief, not money damages … Some of these citations don’t support the propositions for which they are cited; for example, one case involved the interpretation of “qualified electors” and never discussed sovereign immunity. Barrett v.

    Cited 3 timesPublished
  • Cherry v. Tanda, Inc.

    327 Ark. 600 · Supreme Court of Arkansas · Mar 17, 1997

    This argument is clearly against the policy of the direct- action statute, and established caselaw. In Rogers v. Tudor Ins. … In this case, the Transcontinental insurance contract was “carried by” Tanda, not the immune City. Thus, Cherry fails to establish the first element of the statute.

    Cited 20 timesPublished
  • JOHN THURSTON, in His Official Capacity as Secretary of State of the State of Arkansas SHARON BRoOKS Bilenda Harris-Ritter WILLIAM LUTHER CHARLES ROBERTS JAMES SHARP And J. HARMON SMITH, IN THEIR OFFICIAL CAPACITIES AS MEMBERS OF THE ARKANSAS STATE BOARD OF ELECTION COMMISSIONERS v. THE LEAGUE OF WOMEN VOTERS OF ARKANSAS ARKANSAS UNITED DORTHA DUNLAP LEON KAPLAN NELL MATTHEWS MOCK JEFFERY RUST AND PATSY WATKINS

    2022 Ark. 32 · Supreme Court of Arkansas · Feb 17, 2022

    We explained that although Martin raised sovereign immunity, “[b]ecause [Haas] has asserted that Act 633 violates qualified voters’ constitutional right to vote and seeks declaratory and injunctive relief, not money damages … Some of these citations don’t support the propositions for which they are cited; for example, one case involved the interpretation of “qualified electors” and never discussed sovereign immunity. Barrett v.

    Cited 1 timesPublished
  • Neal v. Davis Nursing Ass'n

    470 S.W.3d 281 · Court of Appeals of Arkansas · Sep 16, 2015

    The sole issue on appeal is whether the trial court properly concluded that Davis was immune from suit. … Davis failed to establish that forgiving uncollectable debt is equivalent to providing free services.

    Cited 6 timesPublished
  • Opinion No.

    Arkansas Attorney General Reports · Mar 12, 2004

    MARIJUANA PROVIDER, AND WHEN SO ACQUIRING THE QUALIFYING PATIENT WILL HAVE THE IMMUNITY FROM ARREST, PROSECUTION OR OTHER PENALTY AS SPECIFIED IN THE ACT; A QUALIFYING PATIENT MAY HAVE NO MORE THAN ONE MARIJUANA PROVIDER … PATIENT FROM ACQUIRING MARIJUANA FROM SOMEONE OTHER THAN HIS OR HER REGISTERED MARIJUANA PROVIDER, AND WHEN SO ACQUIRING THE QUALIFYING PATIENT WILL HAVE THE IMMUNITY FROM ARREST, PROSECUTION, OR OTHER PENALTY AS SPECIFIED

    Cited 0 timesPublished
  • Rose v. Martin

    500 S.W.3d 148 · Supreme Court of Arkansas · Oct 13, 2016

    facilities limited immunity; providing that qualifying patients, as well as dispensary and cultivation facility agents, shall not be subject to criminal or civil penalties or other forms of discrimination … licensed in the state that he or she is suffering from a qualifying medical condition; establishing an initial list of qualifying medical conditions; directing the Department of Health to establish rules related

    Cited 8 timesPublished
  • Rodgers v. Southland Racing Corp.

    247 Ark. 1115 · Supreme Court of Arkansas · Feb 2, 1970

    This appeal is from a decree holding the act to be invalid as a grant of special privileges and immunities that do not equally belong to all citizens upon the same terms. Ark. Const., Art. 2, § 18. … Those considerations apply with even greater force to an establishment, such as a race track, where gam- bling is permitted.

    Cited 5 timesPublished
  • Swanigan v. Ark. Dep't of Correction

    2014 Ark. 196 · Supreme Court of Arkansas · May 1, 2014

    Sovereign immunity is jurisdictional immunity from suit. Hanks v. Sneed, 366 Ark. 371, 235 S.W.3d 883 (2006), overruled on other grounds by Hardin v. Bishop, 2013 Ark. 395, ___ S.W.3d ___. … an exception to either sovereign immunity or statutory immunity where the claim did not allege officials violated clearly established principles of law of which a reasonable person would have knowledge).

    Cited 8 timesPublished
  • Rodney Dale Harmon v. State of Arkansas

    678 S.W.3d 390 · Supreme Court of Arkansas · Dec 7, 2023

    The United States Supreme Court held that the “media ride-along” indeed violated the Wilsons’ Fourth Amendment rights, but that the officers had qualified immunity because the illegality of such conduct was not clearly … established at the time of the search.

    Cited 5 timesPublished
  • Arkansas Department of Human Services v. Estate of Hogan

    314 Ark. 19 · Supreme Court of Arkansas · Jul 12, 1993

    At a hearing where DHS, the trustee bank, and the guardian were present, DHS argued the Probate Court lacked jurisdiction to determine whether the trust was a “medicaid qualifying trust,” i.e., one which was not immune from … The jurisdiction of probate courts is established by Ark.

    Cited 13 timesPublished
  • Durflinger v. Helder

    District Court, W.D. Arkansas · Oct 21, 2021

    clearly established statutory or constitutional rights of which a reasonable person would have known. … As no individual officers were found liable and they are entitled to qualified immunity, Washington County cannot be held liable. Ivey v.

    Cited 0 timesUnknown
  • Fireman's Insurance v. Arkansas State Claims Commission

    301 Ark. 451 · Supreme Court of Arkansas · Feb 26, 1990

    Section 1 of Act 276 of 1955 abolished the “State Claims Commission” established by Act 462 of 1949 and established a new commission, the “Arkansas State Claims Commission,” which was declared in Section 3 to “have all the … The act creating the Claims Commission clearly creates it as an arm of the legislature, reporting solely to that body.

    Cited 43 timesPublished
  • Opinion No.

    Arkansas Attorney General Reports · Aug 19, 1987

    Nor would the peer review committee in question qualify as a "professional services review organization appointed pursuant to state or federal statute." … Bracy, 744 F.2d 1338 (8th Cir. 1984) does reflect one instance in which 71-5101 was raised as a basis for qualified immunity.

    Cited 0 timesPublished
  • Parish v. Pitts

    244 Ark. 1239 · Supreme Court of Arkansas · Jun 3, 1968

    Clearly the operation of a garbage truck is governmental by this test. Kirksey v. City of Fort Smith, 227 Ark. 630 , 300 S. W. 2d 257 (1957). … Having determined as we have here that a rule established by precedent no longer gives a just result it must then be determined whether the rights of those who have justifiably relied upon the established precedents are of

    Cited 96 timesPublished
  • Kapable Kids Learning Center, Inc. v. Arkansas Department of Human Services

    420 F. Supp. 2d 956 · District Court, E.D. Arkansas · Sep 15, 2005

    It is well established that “[t]he Fourteenth Amendment’s procedural protection of property is a safeguard of the security interests that a person has already acquired in specific benefits.” Board of Regents v. … We find it entirely appropriate for the Plaintiffs to base their procedural due process claim on their clearly established right to have equal access to quality medical care as defined by § 1396a(a)(30)(A).

    Cited 1 timesPublished
  • GARLAND COUNTY DISTRICT COURT; PROFESSIONAL PROBATION SERVICES, LLC; SOUTHWEST PROBATION SERVICES, INC.; DESIREE SKEYA; AND BRADY HARMON v. JOHN MERCER

    2026 Ark. 76 · Supreme Court of Arkansas · Apr 23, 2026

    Conclusion Mercer has alleged facts that, if proven, could establish an unauthorized governmental exaction. At the pleading stage, that is sufficient to avoid dismissal on sovereign-immunity grounds. … Haas, 2018 Ark. 283, at 8, 556 S.W.3d 509, 515 (“Because appellee has asserted that Act 633 violates qualified voters’ constitutional right to vote and seeks declaratory and injunctive relief, not money damages, this action

    Cited 1 timesPublished
  • Anglin v. Johnson Regional Medical Center

    375 Ark. 10 · Supreme Court of Arkansas · Nov 6, 2008

    He also stated that JRMC’s charter limits it to charitable purposes and establishes it as a not-for-profit entity. Mr. … Of the eight factors listed in George, three are clearly established based upon evidence in the record.

    Cited 25 timesPublished
  • Cross v. Arkansas Livestock & Poultry Commission

    328 Ark. 255 · Supreme Court of Arkansas · Apr 28, 1997

    In its order, the trial court found that because Appellant could not establish the existence of a contract for his employment with the Commission, it necessarily followed that he could not establish the required element that … Clearly, the first element of the tort may be proved by demonstrating either a valid contractual relationship or a business expectancy.

    Cited 29 timesPublished

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