Case law

Rainey v. Hartness

339 Ark. 293 · Supreme Court of Arkansas · Dec 2, 1999

Qualified Immunity — Federal Law Generally, government officials performing discretionary functions are granted a qualified immunity from suit under section 1983 and are “shielded from liability for civil damages insofar … Courts evaluating a claim of immunity must determine whether the plaintiff has alleged the deprivation of an actual constitutional right and, if so, whether that right was clearly established at the time of the alleged violation

Opinion No.

Arkansas Attorney General Reports · Nov 3, 2005

Under the doctrine of qualified immunity, an individual is immune from suit if he undertook the actions complained of in good faith in the performance of his duties and the acts do not violate any clearly established constitutional … The immunity is "qualified" because it does not apply where the activity is in violation of clearly established law that a reasonable person would have known. Id. ; Robinson v.

Graham v. Cawthorn

427 S.W.3d 34 · Supreme Court of Arkansas · Apr 18, 2013

Under that analysis, a motion for summary judgment based on qualified immunity is precluded only when the plaintiff has asserted a constitutional violation, demonstrated the constitutional right is clearly established, and … Brt, supra (emphasis added). 5 The Supreme Court of the United States has recognized that “courts may grant qualified immunity on the ground that a purported right was not ‘clearly established’ by prior case law, without

Opinion No.

Arkansas Attorney General Reports · Oct 17, 2003

Under the doctrine of qualified immunity, an individual is immune if the actions complained of were taken in good faith in the performance of one's duties, and the acts do not violate any clearly established constitutional … The immunity is "qualified" because it does not obtain where the activity is in violation of clearly established law that a reasonable person would have known. Id. ; Robinson v.

Hurst v. Sikes

District Court, W.D. Arkansas · Mar 24, 2022

Defendants then contend they are entitled to qualified immunity on each of the claims. … Similarly, Deputy Sikes is not entitled to qualified immunity. Pace v.

Opinion No.

Arkansas Attorney General Reports · Aug 2, 2002

The test for the applicability of qualified immunity turns upon the "objective legal reasonableness of the action," assessed in light of legal rules that were "clearly established" at the time the action was taken. … The immunity is" qualified" because it does not obtain where the activity is in violation of clearly established law that a reasonable person would have known. Id. ; Robinson v.

Williams v. Pate

463 S.W.3d 734 · Court of Appeals of Arkansas · May 20, 2015

Appellees filed an answer asserting the affirmative defense of qualified immunity. … of qualified immunity.

Benton School District Lori Bacon, in Her Individual and Official Capacity And Lita Gattis, in Her Individual and Official Capacity v. Brandi Greer

677 S.W.3d 799 · Supreme Court of Arkansas · Nov 9, 2023

Section 1983 establishes a federal cause of action that can be filed in either state or federal court. Newton v. Etoch, 332 Ark. 325, 334, 965 S.W.2d 96, 100 (1998). … Smith, 366 Ark. 473, 480, 237 S.W.3d 1, 6 (2006) (finding no qualified immunity under section 301 because the official violated clearly established law); Smith v.

Opinion No.

Arkansas Attorney General Reports · Feb 25, 2002

Under the doctrine of qualified immunity, an individual is immune from trial if the actions complained of were taken in good faith in the performance of one's duties, and the acts do not violate any clearly established constitutional … The immunity is "qualified" because it does not obtain where the activity is in violation of clearly established law that a reasonable person would have known. Id. ; Robinson v.

Early v. Crockett

436 S.W.3d 141 · Supreme Court of Arkansas · Jun 19, 2014

“Under the standard of qualified immunity articulated in Harlow v. … “The more critical inquiry for qualified-immunity purposes is whether it was ‘objectively legally reasonable’ for the prison officials to believe that [their] conduct did not violate the inmate’s clearly established Eighth

Alberts v. Willis

District Court, W.D. Arkansas · Dec 18, 2020

Qualified Immunity “Government officials performing discretionary functions, generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established … For these reasons, qualified immunity is denied on this claim. IV.

Leodis Sledge, Individually and as Administrator of the Estate of Tanesha Leach, and on Behalf of All Wrongful Death Beneficiaries and Heirs at Law v. City of Pine Bluff, Arkansas, by and Through Its Mayor, Shirley Washington, in Her Official Capacity as Mayor of the City of Pine Bluff, Arkansas; Pine Bluff City Council, by and Through Its Ex-Officio President, Shirley Washington, in Her Official Capacity; Rick Rhoden, in His Official Capacity as Director of Pine Bluff Street Department; And Kelvin Sargent, in His Official Capacity as Chief of Police of the City of Pine Bluff

2022 Ark. App. 23 · Court of Appeals of Arkansas · Jan 19, 2022

On appeal, Sledge argues (1) that the circuit court erred in granting summary judgment on the basis of qualified immunity because his complaint sufficiently alleged violation of a clearly established statutory right; and … Because Sledge sued the public officials in their official capacities only, qualified immunity is not at issue.

Opinion No.

Arkansas Attorney General Reports · Jan 13, 2000

Under the doctrine of qualified immunity, an individual is immune from trial if the actions complained of were taken in good faith in the performance of one's duties, and the acts do not violate any clearly established constitutional … The immunity is "qualified" because it does not obtain where the activity is in violation of clearly established law that a reasonable person would have known. Robinson v.

Opinion No.

Arkansas Attorney General Reports · Dec 10, 2002

The test for the applicability of qualified immunity turns upon the "objective legal reasonableness of the action," assessed in light of legal rules that were "clearly established" at the time the action was taken. … The immunity is "qualified" because it does not obtain where the activity is in violation of clearly established law that a reasonable person would have known. Robinson v.

Arkansas State Medical Board v. Byers

521 S.W.3d 459 · Supreme Court of Arkansas · Jun 8, 2017

To stave off summary judgment on qualified immunity, a civil-rights plaintiff must assert a constitutional violation, demonstrate that the constitutional right is clearly established, and raise a genuine issue of fact … as to whether the official would have known that the conduct violated that clearly established right.

Opinion No.

Arkansas Attorney General Reports · Jan 7, 1993

The court framed the qualified immunity issue as being "whether minor school children suspected of being victims of child abuse had, [at the relevant time] a clearly established right to be free from questioning and visual … The court found no such clearly established right, and found, therefore that the defendants were entitled to qualified immunity and were therefore not liable.

Opinion No.

Arkansas Attorney General Reports · Apr 10, 2001

The test for the applicability of qualified immunity turns upon the "objective legal reasonableness of the action," assessed in light of legal rules that were "clearly established" at the time the action was taken. … The immunity is "qualified" because it does not obtain where the activity is in violation of clearly established law that a reasonable person would have known. Robinson v.

Opinion No.

Arkansas Attorney General Reports · Jan 14, 2008

I believe an individual thus certified by the Division of Health and Human Services as an EMT would clearly qualify as a "health care professional" for purposes of applying the Good Samaritan Act. … Any first responder who qualifies as a "health care professional" would consequently enjoy qualified immunity for providing emergency care, but only if he did not receive compensation either for his time or expenses, in consideration

Opinion No.

Arkansas Attorney General Reports · Apr 12, 2002

However, district employees enjoy a qualified immunity from such liability unless their conduct violated clearly established law that a reasonable person would have known. … The immunity is "qualified" because it does not obtain where the activity is in violation of clearly established law that a reasonable person would have known. Robinson v.

Opinion No.

Arkansas Attorney General Reports · Jul 13, 2006

Under the doctrine of qualified immunity, an individual is immune from suit if he undertook the actions complained of in good faith in the performance of his duties and the acts do not violate any clearly established constitutional … The immunity is "qualified" because it does not apply where the activity is in violation of clearly established law that a reasonable person would have known. Id. ; Robinson v.