Case law
Opinions from 1658 to today.
4,882 results
2.73s
144 Ark. 1 · Supreme Court of Arkansas · May 10, 1920
While said body of water has no continuous connection with the river situated but a few yards away, such connection is established during all periods of high water, and continues for a sufficient length of time to allow fish … Francis basin is a permanent enterprise, and is intended to afford im'munity from the overflow of waters from the Mississippi River, and that it does afford such immunity, except at rare intervals when the levee breaks, as
Cited 4 timesPublishedPreston v. University of Arkansas for Medical Sciences
354 Ark. 666 · Supreme Court of Arkansas · Nov 6, 2003
This point clearly turns on whether the Prestons’ Oklahoma attorneys were engaged in the unauthorized practice of law in Arkansas. … Affirmed. 1 The doctors requested that the Prestons admit: (1) that they do not have any qualified medical support for the allegations of negligence against the doctors in the complaint; (2) that they do not have any qualified
Cited 20 timesPublishedDistrict Court, E.D. Arkansas · Mar 28, 2025
Are Lay, Johnson, and Richardson entitled to qualified immunity on the individual capacity claims? … established.
Cited 0 timesUnknownDistrict Court, W.D. Arkansas · Feb 13, 2023
Defendants also maintain they are entitled to qualified immunity. … Defendants knowledge in this regard is critical to the Court’s analysis of the “clearly established” prong of the qualified immunity analysis.
Cited 0 timesUnknownDistrict Court, E.D. Arkansas · Jan 2, 2025
Qualified immunity protects government officials from § 1983 liability for damages if their conduct “does not violate clearly established statutory or constitutional rights of which a reasonable person would have known … clearly established such that a reasonable official would not have known his or her actions were unlawful.
Cited 0 timesUnknownArkansas Attorney General Reports · Apr 9, 2008
PRESENCE UNDER THE ACT SHALL NOT BE REQUIRED FOR SHORT-TERM, NONCASH, IN-KIND EMERGENCY DISASTER RELIEF; PROVIDING THAT VERIFICATION OF LAWFUL PRESENCE UNDER THE ACT SHALL NOT BE REQUIRED FOR PUBLIC HEALTH ASSISTANCE FOR IMMUNIZATIONS … The proposed act does not define "qualified alien," nor is the term separately defined in the Immigration and Nationality Act.
Cited 0 timesPublishedDistrict Court, E.D. Arkansas · Oct 15, 2024
immunity. … Because the officers didn’t violate Clem’s clearly established constitutional rights, they’re entitled to qualified immunity. New, 787 F.3d at 899.
Cited 0 timesUnknownGuirlando v. City Tel-Coin Company, Inc.
District Court, W.D. Arkansas · Jan 14, 2022
Qualified Immunity CTC next argues it is entitled to qualified immunity on this claim. … CTC also contends it is entitled to qualified immunity on this claim. However, the issue of qualified immunity was addressed above and will not be repeated here.
Cited 0 timesUnknownIn Re Grand Jury Subpoena American Broadcasting Companies, Inc.
947 F. Supp. 1314 · District Court, E.D. Arkansas · Nov 6, 1996
This regulation clearly establishes that ABC does not have any basis by virtue of 28 C.F.R. § 50.10 (e) for challenging the Independent Counsel’s failure to secure the Attorney General’s permission before issuing the subpoena … a qualified privilege for journalists). 5 .
Cited 12 timesPublished2019 Ark. App. 410 · Court of Appeals of Arkansas · Sep 25, 2019
In civil bench trials, the standard of review on appeal is whether the circuit court’s findings were clearly erroneous or clearly against a preponderance of the evidence. Tadlock v. Moncus, 2013 Ark. … 2 the findings of fact by the circuit court only if clearly erroneous.
Cited 1 timesPublishedDistrict Court, W.D. Arkansas · Jul 15, 2026
The qualified immunity inquiry consists of two questions: “(1) whether the facts alleged or shown . . . establish a violation of a constitutional or statutory right, and (2) whether that constitutional right was clearly … Accordingly, they are entitled to qualified immunity from this claim as well. D.
Cited 0 timesUnknownDistrict Court, E.D. Arkansas · Jun 17, 2025
Qualified immunity protects government officials from personal liability for damages “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have … To overcome the defense at the summary judgment stage, Pedraza must demonstrate: “(1) a deprivation of a constitutional right, [that was] (2) … clearly established at the time of the deprivation.”
Cited 0 timesUnknownDistrict Court, E.D. Arkansas · Jul 2, 2026
Qualified Immunity Smith asserts that he is entitled to qualified immunity with respect to Aaron’s individual capacity claims. Doc. No. 38 at 6-21. … Accordingly, Aaron cannot establish a constitutional violation occurred, and Smith is entitled to qualified immunity. 2.
Cited 0 timesUnknown431 S.W.3d 369 · Court of Appeals of Arkansas · Dec 18, 2013
App. 759 to make a determination as to whether a parent is “qualified” and “suitable” under section 28- 65-204(a). Fletcher v. Scorza, 2010 Ark. 64, 359 S.W.3d 413. … She said that she became aware that the grandparents were trying to establish a guardianship over her daughter when she returned to Camden.
Cited 5 timesPublishedDillard v. Arkansas Department of Correction
District Court, E.D. Arkansas · Mar 18, 2024
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. … Callahan, 555 U.S. 223, 232 (2009).2 “‘A clearly established 2Courts are “permitted to exercise their sound discretion in deciding which of the two prongs of the qualified immunity analysis should be addressed first
Cited 0 timesUnknown465 S.W.3d 3 · Court of Appeals of Arkansas · May 27, 2015
App. 342 a finding of fact by the circuit court unless it is clearly erroneous. Witham v. Beck, 2013 Ark. App. 351, 428 S.W.3d 537. … Granville, 530 U.S. 57 (2000), a grandparent-visitation case, established a presumption that a fit parent acts in the best interest of her child.
Cited 10 timesPublished2011 Ark. App. 74 · Court of Appeals of Arkansas · Feb 2, 2011
Best-Interest Analysis Appellant contends that the trial court’s finding, that it was in the child’s best interest to have appellees as guardians, was clearly erroneous. … Appellant testified that he thought Rice, Sr., was the father of the minor child, Rice, Sr., testified that he was the father, and visitation had been established for Rice, Sr., as the father.
Cited 1 timesPublishedArkansas Department of Human Services v. Wilson
323 Ark. 151 · Supreme Court of Arkansas · Jan 22, 1996
Wilson is qualified for Medicaid benefits. … Medical Services Policy 3332.2 #13 provides in pertinent part: A Medicaid Qualifying Trust is a trust or “similar legal device” established by an individual (or his spouse) who is the beneficiary of the trust and who gives
Cited 14 timesPublished4 Ark. 212 · Supreme Court of Arkansas · Jul 15, 1848
If this is the legal import of his answer, then it is clear that he did not make a positive, but a qualified, refusal. … is the very fact upon which the plaintiff relies to establish a conversion.
Cited 0 timesPublished2010 Ark. App. 561 · Court of Appeals of Arkansas · Sep 1, 2010
A finding is clearly erroneous when the reviewing court, based on the entire evidence, is left with the definite and firm conviction that a mistake has been made. Id. … The “based upon the balances as of the date of execution” language in the settlement agreement does not establish that the parties agreed that appellee was to receive a fixed sum.
Cited 3 timesPublished
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