Case law

Opinion No.

Arkansas Attorney General Reports · May 20, 1998

I will note, however, that board members may be entitled to limited immunity in certain instances under the provisions of A.C.A. § 16-120-102 or A.C.A. § 19-10-305 . … Again, though, the question of whether these statutory grants of limited immunity will be applicable will depend upon the nature of the violation in question.

Futrell v. Oldham

107 Ark. 386 · Supreme Court of Arkansas · Mar 24, 1913

Absolute immunity from all danger and inconvenience is unattainable in human affairs. .' … The words, “who shall qualify and remain president,” necessarily mean that he shall qualify then. At the close of the session.

Udey v. District Director

534 F. Supp. 219 · District Court, W.D. Arkansas · Jan 22, 1982

The law clearly is that a federal officer is absolutely immune from action based upon common law torts occurring within the scope of the officer’s duty. Spalding v. … In Butz, supra, the United States Supreme Court held that even where the absolute immunity doctrine does not apply, federal officers still have a qualified immunity and are immune from suit except where they “discharge their

Camden - Progressive Eldercare Services, Inc., D/B/A Ouachita Nursing & Rehabilitation Center v. Glen Robinson, as Personal, Representative of the Estate of Birdie Thompson, and on Behalf of the Wrongful Death Beneficiaries of Birdie Thompson

2025 Ark. App. 562 · Court of Appeals of Arkansas · Nov 19, 2025

Harrington explained: Most Ouachita Nursing residents qualify for Medicare or Medicaid coverage, but Ouachita Nursing still provided free care to residents who did not qualify for Medicare or Medicaid … If the existence of charitable immunity turns on disputed factual issues, then the jury may determine the facts, and the circuit court will subsequently determine whether those facts are sufficient to establish

Conway v. Martin

499 S.W.3d 209 · Supreme Court of Arkansas · Sep 22, 2016

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 to the processing of applications for … about the medical cannabis program; setting certain limitations on the use of medical cannabis by qualifying patients; establishing an affirmative defense for the medical use of cannabis; establishing registration and operation

Opinion No.

Arkansas Attorney General Reports · Apr 28, 1989

Having resolved the Department's general authority to establish such clinics under Question One above, the only remaining issue under Question Two is whether the clinic could be established without the agreement or request … There is some authority for the proposition that this immunity, however, does not obtain where the act of the employee is in violation of a clearly established law of which a reasonable person would have been aware.

Milberg, Weiss, Bershad, Hynes, & Lerach, LLP v. State

342 Ark. 303 · Supreme Court of Arkansas · Oct 12, 2000

As will be seen below, the evidence here falls short of establishing a strong showing of entitlement or compelling circumstances. … waiver of immunity.

Weatherford v. State

286 Ark. 376 · Supreme Court of Arkansas · Jul 1, 1985

In contrast to Berkemer, Weatherford was not asked what he had had to drink and nothing was offered by the state in the form of incriminating statements in establishing the charge of driving while intoxicated. … The protections of the Fifth Amendment do not extend to demonstrative, physical tests, but are intended to immunize the defendant from providing the state with evidence of a testimonial or communicative nature.

Opinion No.

Arkansas Attorney General Reports · Feb 22, 2002

The term "public body" has been consistently applied in the Code to entities that appear clearly to qualify as "units of government." … In my opinion, again assuming the constitutionality of the Act, a water authority clearly qualifies as a "public employer," and employee salaries paid from bond revenues and rate collections likewise qualify as "funds appropriated

Opinion No.

Arkansas Attorney General Reports · Apr 18, 2008

Under current law, only ADFA has the authority to acquire qualifying single family mortgage loans in Arkansas.[ 1 ] While the PFB could refund the prior bonds, it cannot, on its own, utilize the refundings to generate new … In my opinion, the Agreement would consequently be immune from constitutional challenge under this provision. 4 Subsection 25-20-103 (1)(B) of the Arkansas Code (Supp. 2007) provides in pertinent part: As used in this chapter

Opinion No.

Arkansas Attorney General Reports · Oct 23, 1991

Supp. 1991), clearly contemplate appointment and promotion to department positions being made on the basis of competetive examination. Even a "lateral transfer" would, in my opinion, constitute an appointment. … Finally, it should be noted that because civil service rights are not clearly established rights under the federal constitution, officers violating those rights are entitled in their individual capacities to qualified immunity

City of Malvern v. Jenkins

425 S.W.3d 711 · Supreme Court of Arkansas · Jan 31, 2013

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. Id. … The City maintains that the Jenkinses are clearly claiming negligence for the damage done to their culvert and that the damages they seek are tort damages and not those that ordinarily and naturally result from a taking and

Gibson v. Reynolds

77 F. Supp. 629 · District Court, W.D. Arkansas · May 12, 1948

No case concerning officers acting in these particular official capacities has been called to the attention of the court, but clearly these defendants are protected by the rule of immunity. … At the outset we call attention to the established law that public officers when acting within the scope of their official authority are immune from suits for damages.

Opinion No.

Arkansas Attorney General Reports · Jan 18, 2008

Under current law, only ADFA has the authority to acquire qualifying single family mortgage loans in Arkansas. 1 While the PFB could refund the prior bonds, it cannot, on its own, utilize the refundings to generate new loans … The ADFA is clearly an agency of state government. The PFB is further an arm of the county, see A.C.A. § 14-137-106 (Repl. 1998), and hence a political subdivision of the state.

Opinion No.

Arkansas Attorney General Reports · Jul 10, 1989

It may therefore reasonably be concluded that the motor vehicle qualifies as one which is "used by" the county when the auxiliary deputy is engaged in official duties. … This act establishes a State Office of Emergency Services and authorizes the creation of comparable local organizations. A.C.A. 12-75-102 and 12-75-109 .

Opinion No.

Arkansas Attorney General Reports · Dec 12, 2007

State law to my knowledge establishes no general statutory procedures governing the enforcement of covenants or other private agreements affecting the use of real property. … As "agents of the state," Quapaw Central Business Improvement District , supra , supported through local assessments, A.C.A. § 14-92-225 — 228, suburban improvement districts clearly fall within this statute.

Brown v. Moore

93 F. Supp. 3d 1032 · District Court, W.D. Arkansas · Mar 18, 2015

Qualified Immunity Defendants make the argument that they are entitled to summary judgment on all individual capacity claims on the basis of qualified immunity. … They assert that “Plaintiff cannot offer any proof of any violation of clearly established law by the Defendants because any theory of liability requires some knowledge of the risk.” Doc. 56 at pg. 14.

Nikita Lee Mahoney, Kimberly Ann Snodgrass, Christopher Snodgrass, Detrick Brandon, Tina Marie Phares, and Dazarious Braggs, Individually and on Behalf of All Others Similarly Situated v. Mark Derrick, in His Official Capacity as District Judge for the 23rd Judicial District of the State of Arkansas

2022 Ark. 27 · Supreme Court of Arkansas · Feb 10, 2022

Judicial Immunity Judicial immunity is an established defense that judges may raise when they are defendants in lawsuits concerning their judicial duties. Pierson v. … See Forrester, 484 U.S. at 225 (noting that judicial immunity is “a device for discouraging collateral attacks and thereby helping to establish appellate procedures as the standard system for correcting judicial error”)

Opinion No.

Arkansas Attorney General Reports · Aug 6, 1997

The fire protection district board members may be entitled to immunity under the provisions of A.C.A. § 21-9-301 , which creates immunity for various political subdivisions. … These provisions clearly place the responsibility for establishing the chief's duties within the discretion of the fire protection district board. See also Op. Att'y Gen. No. 96-392 .

Anable v. Ford

663 F. Supp. 149 · District Court, W.D. Arkansas · Sep 6, 1985

As to defenses, an official in a personal-capacity suit may assert personal immunity defenses, such as “good faith” qualified immunity, Wood v. Strickland, supra, or some defenses based upon absolute immunity, Imbler v. … The only immunity available in an official capacity suit is some form of sovereign immunity that the entity possesses by virtue of its status as a governmental entity.