Case law

Arkansas Department of Education Jacob Oliva, in His Official Capacity as Arkansas Secretary of Education Randy Henderson, Jeff Wood, Adrienne Woods, Steve Sutton, O. Fitzgerald Hill, Ouida Newton, Sarah Moore, Kathy McFetridge, and Lisa Hunter, in Their Official Capacities as Members of the Arkansas State Board of Education Friendship Education Foundation And the Marvell-Elaine School District v. Doris Ivy Jackson Laverne Sims Jesselia Maples Diamacious Sims Darryl Harris Sylvia Moore Danielle Wright Derashaun McGhee Vivian Davis James Carruth Iola Hoskins Steven Grappe Veronica McClane And Citizens for Arkansas Public Education and Students (Capes), a Ballot Question Committee

2023 Ark. 105 · Supreme Court of Arkansas · Jun 15, 2023

Appellees’ claims regarding the expenditure of funds under the transformation contract are clearly monetary in nature and are therefore not considered irreparable. … Sovereign Immunity First and foremost, sovereign immunity bars nearly the entirety of the appellees’ lawsuit.

Harris v. Payne

District Court, W.D. Arkansas · Sep 29, 2022

to qualified immunity. … Because the Court finds that the right is not clearly established, it must find that Defendants are entitled to qualified immunity.

Lee v. Escobar

District Court, W.D. Arkansas · Nov 9, 2022

and his individual capacity claims were barred by qualified immunity. … “Under the doctrine of qualified immunity, a court must dismiss a complaint against a government official in his [or her] individual capacity that fails to state a claim for violation of clearly established statutory or

Opinion No.

Arkansas Attorney General Reports · Jan 28, 2003

Const. amend. 74 , establishes a 25-mill uniform ad valorem property tax "to be used solely for maintenance and operation of the schools." Ark. Const. amend. 74 (b)(1). … The fictional "repayment" to teachers of taxes never collected clearly qualifies as an expenditure of public funds on education.

Opinion No.

Arkansas Attorney General Reports · Jan 14, 2010

Therefore, according to the statute's plain language, any "individual" or any "business entity," doing business under Arkansas law qualifies for the exemption. … Denning, Why the Privileges and Immunities Clause of Article IV Cannot Replace the Dormant Commerce Clause Doctrine , 88 Minn. L.

Leaphart v. Williamson

850 F. Supp. 2d 956 · District Court, E.D. Arkansas · Feb 7, 2012

A jury could find that the Council went to a great deal of trouble to interfere with the Mayor’s effort to hire a qualified, older, black candidate. … Therefore, the Court declines to grant summary judgment on the basis of legislative immunity.

In Re Creation of the Office of Ethics Counsel and Amendments to Rules 1.6 and 8.3 of the Arkansas Rules of Professional Conduct

2021 Ark. 169 · Supreme Court of Arkansas · Sep 30, 2021

Establishment. … Immunity.

Walnut Ridge Golf Club, Inc. v. City of Walnut Ridge

2010 Ark. App. 372 · Court of Appeals of Arkansas · May 5, 2010

The court also dismissed the club’s claim for damages on the basis that the 'city was immune. … The circuit court did not specifically rule on the takings claim, ruling instead that the club’s claim for damages was barred by immunity.

Hight v. Williams

District Court, W.D. Arkansas · Aug 27, 2024

Qualified Immunity In his summary judgment motion, Defendant Williams argues that he is entitled to summary judgment based on the application of qualified immunity … “In a § 1983 action, an officer is entitled to qualified immunity unless: (1) the officer’s conduct violated a constitutional right, and (2) that right was clearly established.” Ching ex rel. Jordan v.

Landers v. Energy Systems Management Co.

305 Ark. 267 · Supreme Court of Arkansas · Apr 22, 1991

theory, an employer may become a third person, vulnerable to tort suit by an employee, if and only if, he or she possesses a second persona so completely independent from and unrelated to the status as employer that by established … These will ordinarily be situations in which the law has already clearly recognized duality of legal persons, so that it may be realistically assumed that a legislature would have intended that duality to be respected.

Allred v. McLoud

343 Ark. 35 · Supreme Court of Arkansas · Nov 30, 2000

Those provisions establishing eligibility are: • Arkansas Constitution, art. 7, § 29 — the county judge is elected by the qualified electors of the county for a two-year term and shall be at least 25 years of age, a United … This is clearly the case with respect to the county judge and justice of the peace where specific qualifications for those offices are listed in both the Arkansas Constitution and § 14-14-1301.

Henry v. Tarpley

230 Ark. 722 · Supreme Court of Arkansas · Jun 1, 1959

Since we have concluded that the Act clearly, we think, violates Amendment 40 on two grounds, which we shall point out it becomes unnecessary to consider whether it violates Amendment 14. … in the county voting on the issue” shall vote for the County Equalizing School District, the same shall be established and if a majority vote against the County Equalizing School District, the same shall not be established

Barajas

District Court, E.D. Arkansas · Oct 16, 2025

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. … Despite the tragic consequences, the defendants did not violate a clearly established due process right.

Cheryl Pillow v. Director, Department of Workforce Services

684 S.W.3d 302 · Court of Appeals of Arkansas · Feb 7, 2024

She chose to quit due to concerns about exposing her immune-suppressed husband to COVID-19. … She asserts that the Board agreed that she qualified for PUA based on her husband’s doctor’s instructions, but the Board erred in not finding that she continued to qualify through 2020 and 2021 because she was not cleared

In re Special Task Force

2014 Ark. 5 · Supreme Court of Arkansas · Jan 10, 2014

In cases where expert testimony is required, reasonable cause may be established only by the affidavit of an appropriate expert. … Findings of fact, whether based on oral or documentary evidence, shall not be set aside unless clearly erroneous (clearly against the preponderance of the evidence), and due regard shall be given to the opportunity of the

Eckstein v. Kirby

452 F. Supp. 1235 · District Court, E.D. Arkansas · Jun 9, 1978

Duncan, 499 F.2d 963 (4th Cir. 1974), a claim for relief must allege that there has been a deprivation, under color of state law, of a “right, privilege or immunity secured by the Constitution . . .” … The limitations on this court’s authority are clearly expressed in the well established rule that federal courts do not render advisory opinions on matters that are abstract or hypothetical.

Zook v. Martin

557 S.W.3d 880 · Supreme Court of Arkansas · Oct 18, 2018

to qualify for placement on the November 6, 2018 ballot. … facie review and 50,915 signatures to qualify for the thirty-day cure.

Opinion No.

Arkansas Attorney General Reports · Apr 25, 2005

The FOIA does not define the phrase "clearly unwarranted invasion of personal privacy." … However, in the present case, the identifiable public interest is not simply to establish that public employees possess skills sufficient to perform their duties, but rather to establish that the most qualified applicant

Chris P. Corbitt, Esq. v. Pulaski County Jail Eric Higgins, in His Official Capacity as Pulaski County Sheriff And Barry Hyde, in His Official Capacity as Pulaski County Judge

660 S.W.3d 568 · Supreme Court of Arkansas · Mar 2, 2023

Thus, he claims that because he is an attorney, he has a clearly established right to carry a firearm in a courthouse of this state. … This is known as the “series-qualifier canon.” Id.

City of Fort Smith v. Findlay

48 Ark. App. 197 · Court of Appeals of Arkansas · Mar 1, 1995

This clearly is not the law. … ’s objection was clearly prejudicial.