Case law

Wallace v. Broyles

331 Ark. 58 · Supreme Court of Arkansas · Mar 5, 1998

Because he had no liability insurance coverage, Broyles asserted he was statutorily immune from suit and liability. … However, because Weber conceded having insurance coverage, he claimed immunity except to the extent of his coverage.

White v. Karimou

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

Clearly Established Right The above finding could end the Court’s qualified-immunity analysis. See Kulkay, 847 F.3d at 642. … White’s constitutional rights or that the implicated rights were clearly established at the time. Consequently, Defendants are entitled to qualified immunity.

Opinion No.

Arkansas Attorney General Reports · Nov 16, 2005

Clearly, being a qualified elector of the fire protection district is required for appointment to the board of commissioners. Id. … Section 14-284-201 , the first statute in the applicable subchapter, originally adopted in 1979, clearly envisions that such districts will only be established in unincorporated areas: (a)(1) Fire protection districts established

Barnes v. Green

District Court, E.D. Arkansas · Sep 14, 2021

In their Summary Judgment papers, Defendants focus solely on the first prong of the qualified immunity standard and apparently concede the “clearly established” prong. … Instead, “[a] more specific and particularized inquiry is necessary in order to assess clearly established law in the context of an assertion of qualified immunity.” Thurmond v.

Temco Construction, LLC v. Gann

427 S.W.3d 651 · Supreme Court of Arkansas · May 16, 2013

Third, the Ganns contended that the complaint should be dismissed for failure to sufficiently plead facts to establish a claim for fraud or misrepresentation. … immunity, we must have in place an order denying a motion to dismiss on that basis.

Opinion No.

Arkansas Attorney General Reports · Apr 27, 2005

But in response to your particular question, the statute establishes no specific time period within which confirmation must occur. … qualified nominees.

Brown v. Tucker

330 Ark. 435 · Supreme Court of Arkansas · Nov 6, 1997

In his motion to dismiss filed below, Appellee raised the issues of sovereign immunity, individual immunity, and the complaint’s failure to state facts upon which relief could be granted as provided in ARCP Rule 12(b)(6). … The words allegedly used by Appellee clearly possess the general tenor of an opinion, as opposed to a verifiable statement of fact.

Evans v. Smith

District Court, E.D. Arkansas · Feb 6, 2024

Because courts cannot deny defendants qualified immunity unless both prongs of the analysis are resolved in the plaintiff’s favor, the Court will proceed to the “clearly established” prong. Watson v. … Thus, Defendants are entitled to qualified immunity on the “clearly established” prong of the qualified immunity analysis. IV. CONCLUSION IT IS THEREFORE RECOMMENDED THAT: 1.

Hardy v. Bates

291 Ark. 606 · Supreme Court of Arkansas · Apr 13, 1987

The objection was presented at a point in the testimony when the permanent impairment of the third plaintiff was sought to be established. The following discourse occurred: COUNSEL FOR APPELLEE: Same objection. … He was asked a question which was clearly within the chiropractic field of expertise. Back injuries are the main area of concentration of the chiropractic profession.

State v. Henry

304 Ark. 339 · Supreme Court of Arkansas · Jan 22, 1991

The record reflects that, at the time of respondent’s arrest, none of the five officers met the minimum employment standards established by the Arkansas Commission on Law Enforcement Standards and Training. … Clearly, Game and Fish officers are empowered to make arrests for violation of the game and fish laws. Ark. Const, amend. 35, § 8.

Bolin v. Wilkins

District Court, W.D. Arkansas · Dec 5, 2024

Bolin’s constitutional rights were violated during the pepper spray incident, he must still establish that such rights were clearly established at the time in order to defeat Deputy Loya’s claim of qualified immunity. … The Court acknowledges, however, that Deputy Wilkins still will be entitled to qualified immunity if it was not clearly established at the time that such a takedown would have violated Mr.

Williams v. Gulick

District Court, W.D. Arkansas · Oct 11, 2024

Qualified immunity “shields [a] government official from liability in a section 1983 action unless the official’s conduct violates a clearly established right of which a reasonable person would have known.” Brown v. … As the claim did not state a constitutional violation, the Court need not address the second prong of qualified immunity to determine if the law was clearly established at the time of the alleged violation.

Opinion No.

Arkansas Attorney General Reports · Aug 10, 2010

I am not entirely sure I understand the factual background your question is meant to establish. Nevertheless, I will answer your question in the abstract without referencing any particular set of facts. … State law clearly requires that only three election commissioners serve on county boards of election commissioners. 1 Further, state law gives specific guidance on who may hold one of those three positions: (1) the chair

Ark. Dep't of Veterans Affairs v. Mallett

549 S.W.3d 351 · Supreme Court of Arkansas · Jun 21, 2018

Thus, because the Arkansas Supreme Court is a 'court' established by the Arkansas Constitution, the State of Arkansas cannot be caused to become a defendant in this court, by this court, or in any other Arkansas court under … Such an interpretation clearly conflicts with other provisions of the constitution which is a fact the majority conveniently chose to ignore in Andrews ." 2018 Ark. 122 , at 5-6, 542 S.W.3d at 843 -44 .

Wyles v. Munn

District Court, E.D. Arkansas · Feb 9, 2021

“Qualified immunity protects public officials from § 1983 damage actions if their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” … violated right was clearly established.”

Wolfe v. Stephens

District Court, W.D. Arkansas · Mar 2, 2023

Clearly Established Qualified immunity does not apply where the conduct at issue violates clearly established rights of which a reasonable person would have known. … Because the rights allegedly violated were clearly established at the time of the arrest, qualified immunity will be denied. IV.

Johnson v. Daggett, Van Dover, Donovan & Perry, PLLC

99 F. Supp. 2d 1008 · District Court, E.D. Arkansas · May 9, 2000

This defense is often referred to as “judgmental immunity.” … The court applied judgmental immunity.

Opinion No.

Arkansas Attorney General Reports · Mar 16, 2006

In my opinion, under certain circumstances to be discussed below, a school district might clearly qualify under Act 2206 of 2005, the Arkansas Public School Academic Facilities Funding Act (the "Act"), for both bonded debt … In the event, then, that a school district were intent on purchasing property with an eye to building thereon, I believe the state might participate in funding the construction, which would clearly qualify as an "improvement

Handley v. City of Hope, Arkansas

137 F. Supp. 442 · District Court, W.D. Arkansas · Feb 1, 1956

It follows that defendant is entitled to governmental immunity and is not liable to the plaintiff herein. Plaintiff’s contention that the "swimming pool was an attractive nuisance is clearly without merit. … As a matter of fact, plaintiff’s claim clearly is one in tort, and he cannot, by attempting to designate the action as being "one in contract, avoid the effect of the rule granting immunity to municipalities in thé discharge

Guardianship A.B. v. Bair-Massey

562 S.W.3d 891 · Court of Appeals of Arkansas · Oct 31, 2018

On appeal, the Brewers argue that Massey failed to establish that she was qualified or suitable to act as guardian, and that the guardianship order was not in the child's best interest. … Here, there was ample evidence before the circuit court that Renee was qualified and suitable to serve as guardian.