Case law

Bankers Trust Co. v. Worldwide Transportation Services Inc.

537 F. Supp. 1101 · District Court, E.D. Arkansas · Apr 29, 1982

CONASUPO’s activities as outlined hereinabove clearly qualify as “commercial activity.” … The facts of this case, set forth herein-above, clearly establish that CONASUPO, via its agents Worldwide and Bankers, repeatedly and purposefully availed itself of the privilege of conducting activities in this country.

Boone v. Boozman

217 F. Supp. 2d 938 · District Court, E.D. Arkansas · Aug 12, 2002

Because the immunization statute is a neutral law of general applicability, heightened scrutiny is not required even though compulsory immunization may burden plaintiffs right to free exercise. *954 It is well established … The immunization statute also provides for a medical exemption, for which Ashley Boone does not qualify. Ark.Code Ann. § 6-18-702(d)(1) & (3).

State v. Johnson

360 S.W.3d 104 · Supreme Court of Arkansas · Feb 18, 2010

The agreement in the present case is clearly not a “pure plea agreement” or a statutory-immunity agreement. It falls squarely into the third category described above. … Clearly a promise of immunity approved by, or with the consent of, the court, should be upheld.

Mitchem v. Hobbs

2014 Ark. 233 · Supreme Court of Arkansas · May 15, 2014

Because sovereign immunity is jurisdictional immunity from suit, jurisdiction must be determined entirely from the pleadings. Bd. of Tr. v. Burcham, 2014 Ark. 61. … Appellant’s petition was clearly intended to control the actions of the director of the ADC and the parole board members, and he made no showing that sovereign immunity should not apply to those parties.

Culpepper v. Biggers

742 F. Supp. 528 · District Court, E.D. Arkansas · Aug 14, 1990

Biggers would be entitled to dismissal based on a qualified good faith immunity defense. It was not clearly established at the time Ms. … Biggers’ execution of the affidavit was therefore objectively reasonable, and she is entitled to qualified immunity.

Burch v. Naron

333 F. Supp. 2d 816 · District Court, W.D. Arkansas · Aug 16, 2004

Government officials performing discretionary functions have a qualified immunity defense to § 1983 claims insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … Accordingly, qualified immunity is not available to Deputy Naron.

Verdier v. Verdier

364 Ark. 287 · Supreme Court of Arkansas · Dec 1, 2005

The parental-immunity doctrine was first established in Arkansas by this court in 1938. Rambo v. Rambo, 195 Ark. 832 , 114 S.W.2d 468 (1938). … The final conclusion of this court was not to abrogate the doctrine, in toto, but to establish that an “exception to the parental-immunity doctrine is warranted when a direct-action suit against a motor vehicle liability

Davis Nursing Ass'n v. Neal

560 S.W.3d 485 · Court of Appeals of Arkansas · Sep 19, 2018

The evidence also established that Neal was required to sign a personal guarantee for all obligations of Mr. Newborn pursuant to this agreement. … And it is another reason why I am increasingly persuaded that courts, not juries, should decide the immunity question while using a fair, clearly defined, and more efficient process.

Washington County v. Board of Trustees

480 S.W.3d 173 · Supreme Court of Arkansas · Feb 4, 2016

. 845 (1886): In short, under a republican form of government, the whole property of the state is owned and held by the state for public- uses, and is not taxable, unless the state which owns and holds it for those uses clearly … The University of Arkansas as an Instrumentality of the State of Arkansas Having established that property owned by the state in this case is immune from ad valorem taxation under these facts, we must also, resolve- the specific

Victor Bernard Williams, M.D. v. Baptist Health D/B/A/ Baptist Health Medical Center

2019 Ark. App. 482 · Court of Appeals of Arkansas · Oct 23, 2019

treatment or discriminatory intent, moreover, could have rebutted the Baptist Health appellees’ claims of statutory immunity, which are qualified by the absence of malice, see Ark. … erroneous or clearly against a preponderance of the evidence.

Opinion No.

Arkansas Attorney General Reports · Jan 23, 1992

With regard to your fourth question, it must be noted that counties generally enjoy tort immunity under state law. See A.C.A. § 21-9-301 (Cum. Supp. 1991). … Under this provision, the county itself is accorded no immunity from suit and individual officers are entitled to only qualified immunity. See generally, Anderson v. Creighton, 483 U.S. 635 (1987).

ASA HUTCHINSON, IN His OFFICIAL CAPACITY AS GOVERNOR OF ARKANSAS AND DR. CHARISSE CHILDERS, IN HER OFFICIAL CAPACITY AS DIRECTOR, ARKANSAS DIVISION OF WORKFORCE SERVICES v. LOGAN ARMSTRONG EMILY BALL RONALD BATES CYNTHIA EYIUCHE And KURT JOHNSEN

2022 Ark. 59 · Supreme Court of Arkansas · Mar 10, 2022

Federal Pandemic Unemployment Compensation (“FPUC”) increased the amount of the weekly benefits received by qualified recipients by $300. 15 U.S.C. § 9023. … Nor do we reach whether sovereign immunity bars this action.

Low v. Insurance Co. of North America

364 Ark. 427 · Supreme Court of Arkansas · Dec 15, 2005

If it were otherwise the corporation could not qualify as charitable.... … The Louisiana court went on to establish a balancing test, stating: Each case involving delayed notices must stand upon its own facts and circumstances.

Ark. State Police Ret. Sys. v. Sligh

2017 Ark. 209 · Supreme Court of Arkansas · Mar 30, 2017

Sovereign immunity is jurisdictional immunity from suit. Kelley v. Johnson, 2016 Ark. 266, 496 S.W.3d 346. … Although appellees indicated in their complaint that they were seeking both “legal and equitable” remedies, the nature of the relief sought was clearly for monetary damages, as even the writ of mandamus and the injunction

Corona-Cervantes v. Karas

District Court, W.D. Arkansas · Dec 28, 2017

Having found that the facts do not make out a constitutional violation, Defendant Le is entitled to qualified immunity. See, e.g., Krout v. … Karas is entitled to qualified immunity. See, e.g., Krout v. 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).

Washington Cty. Bd. of Ts

2016 Ark. 34 · Supreme Court of Arkansas · Feb 4, 2016

The University of Arkansas as an Instrumentality of the State of Arkansas Having established that property owned by the state in this case is immune from ad valorem taxation under these facts, we must also resolve … This raises in my mind a curious question: If the State has no power to impose an ad valorem tax on its own, and the counties clearly do, then what sovereign immunity, if any, can the State assert as a defense to paying

Arkansas State Police Retirement System v. Sligh

516 S.W.3d 241 · Supreme Court of Arkansas · Mar 30, 2017

Sovereign immunity is jurisdictional immunity from suit. Kelley v. Johnson, 2016 Ark. 266, 496 S.W.3d 346. … Although appellees indicated in their complaint that they were seeking both “legal and equitable” remedies, the nature of the relief sought was clearly for monetary damages, as even the writ of mandamus and the injunction

Steve's Auto Center of Conway, Inc., and Steven Gafner v. Arkansas State Police; Director William J. Bryant, Individually; And Capt. Alex Finger, Individually

592 S.W.3d 695 · Supreme Court of Arkansas · Feb 6, 2020

ASP is required by law to “establish, maintain, and enforce a towing rotation list to assist in clearing highways of motor vehicles” involved in accidents or abandoned on state highways. Ark. … Accordingly, this clearly violates the separation of powers. Ark. Const. art. 4, §§ 1, 2. This constitutional violation is patently unlawful and ultra vires.

Eddy Arnold v. Dr. Mary Pitts, Mr. Mike Doyle, Board of Trustees of Arkansas State University, and Dr. Carl Cates

2020 Ark. App. 549 · Court of Appeals of Arkansas · Dec 9, 2020

Arnold’s complaint had stated a claim, his claims would have been barred by the doctrines of sovereign immunity as well as qualified privilege. Mr. Arnold filed a timely notice of appeal. Mr. … It is well established that we will not consider arguments not supported by convincing argument or citation to legal authority. City of Little Rock v. Nelson ex rel.

Gray

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

Defendants argue that they are entitled to qualified immunity and summary judgment. … Qualified immunity shields a government official from liability when his conduct does not violate “clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v.