Case law

Grigsby v. Mabry

569 F. Supp. 1273 · District Court, E.D. Arkansas · Aug 5, 1983

This principle was firmly established in Turney v. … Bronson and Hastie, clearly establishes that a juror’s attitude toward the death penalty is the most powerful known predictor of his overall predisposition in a capital criminal case.

Opinion No.

Arkansas Attorney General Reports · Mar 10, 2003

The ordinance establishing the commission exercises authority found at Ark. … It clearly applies to persons holding elective offices (i.e., those" elected"), and also to persons "appointed to fill a vacancy."

Hamilton v. Earl

District Court, W.D. Arkansas · Mar 28, 2023

“The doctrine of qualified immunity shields officials from civil liability so long as their conduct ‘does not violate clearly established statutory or constitutional rights of which a reasonable person would have known. … The Court also finds that Defendants have failed to establish that they are entitled to qualified immunity at this time.

Jones v. Kulesa

District Court, E.D. Arkansas · Jan 28, 2025

Police officers are immune from suit unless they violate a clearly established constitutional or statutory right. See Estate of Morgan v. Cook, 686 F.3d 494, 496 (8th Cir. 2012). … And “[w]here the record does not conclusively establish the lawfulness of an officer’s use of force, summary judgment on the basis of qualified immunity is inappropriate.” Banks v.

Martin v. Frazier

291 Ark. 120 · Supreme Court of Arkansas · Jan 26, 1987

Thereafter, the qualified electors of the new district shall elect successor members from each of the former districts as prescribed by the agreement. … Section 450(e) clearly provides that the qualified electors of the new district shall elect successor members.

Goodrum v. Merchants & Planters Bank

102 Ark. 326 · Supreme Court of Arkansas · Jan 8, 1912

Bricker, 34 Neb. 516 , the court says: “In order to establish the offense of compounding a felony, it must appear that there was an agreement not to prosecute the case or to suppress evidence tending to prove it. … At that time no mention was made of any immunity to Goodrum from prosecution.

Giles v. Shoumaker

District Court, W.D. Arkansas · Sep 6, 2018

Qualified Immunity Defendants argue they are entitled to qualified immunity. … When a defendant asserts qualified immunity at the summary judgment stage, the plaintiff must produce evidence sufficient to create a genuine issue of fact regarding whether the defendant violated clearly established law

Pulliam

District Court, E.D. Arkansas · Jan 16, 2026

Qualified immunity shields law enforcement officers from civil damages when their conduct does not violate a clearly established statutory or constitutional right of which a reasonable person would have known. … Qualified immunity does not shield Rash because it is clearly established that an arrestee lying on the ground in handcuffs has a right not to be kicked in the head. Nieters, 83 F.4th at 1109.

Trammell v. Harrell

4 Ark. 602 · Supreme Court of Arkansas · Jul 15, 1842

The very language of the first section of the act clearly shows what kind of debts might be set off one against the other. … The mutuality of the persons being thus clearly established, it expressly negatives the idea that a joint note may "be set off against a separate, or e con-verso.

Wheeler v. Searcy Arkansas, City of

District Court, E.D. Arkansas · Oct 19, 2020

[the constitutional right in question] was clearly established at the time of the defendant's alleged misconduct.” … immunity even if his corrected testimony failed to establish probable cause.

Davis v. Dollar General Corporation

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

This is true because government officials are immune from suit unless they violate clearly established rights. Id. at 231. Immunity attaches even when an official makes a mistake of law or fact. Id. … Therefore, when determining whether an official is immune, courts consider (1) whether the allegations establish a violation of a constitutional right, and (2) whether that right was clearly established at the time

Tapp

District Court, E.D. Arkansas · Aug 10, 2026

Qualified immunity shields law enforcement officers from civil damages when their conduct does not violate a clearly established statutory or constitutional right of which a reasonable person would have known. … Qualified immunity does not shield Leonard because Tapp had a clearly established right to be free from seizure without reasonable suspicion, arrest without probable cause and excessive force. Gilmore v.

Smith v. Chicot-Lipe Insurance Agency

11 Ark. App. 49 · Court of Appeals of Arkansas · Mar 14, 1984

His argument is premised on the fact that the testimony qualifying the cards as business records was inadmissible because the witness was not qualified to verify appellant’s account. We disagree. … In his second argument, appellant contends the ap-pellee failed to establish that the appellant’s account was unpaid.

Martinez

District Court, W.D. Arkansas · Feb 9, 2026

clearly established at the time of the incident. … If it was clearly established in 2020 that an officer must provide adequate warning before using a K9, it must have also been clearly established two years later when Officer Jacobs let his dog loose on Mr.

Arkansas State Racing Commission v. Sayler

249 Ark. 913 · Supreme Court of Arkansas · Feb 1, 1971

It clearly found, on the evidence before it, that Jockey Vernon Sayler had a shocking device in his possession with intention to use it in the race. … This added provision is the only part of the commission’s order that is any way qualified or conditional. The commission has a difficult task and a heavy responsibility to the patrons of racing establishments.

Harris v. Textor

235 Ark. 497 · Supreme Court of Arkansas · Oct 8, 1962

Since the Cartrights were clearly entitled to vote in Pulaski county it follows that they were no longer eligible to cast their ballots in Greene county. … Robinson, J., thinks that the Cartrights were qualified to vote in Greene county. McFaddin, J., dissents.

Matlock v. Arkansas Department of Human Services

458 S.W.3d 253 · Court of Appeals of Arkansas · Mar 11, 2015

However, she again explained that she wanted D.W. to be able to stay in his current placement “until we get established for him to be with his aunt. I want him with his family. … She explained that it was DHS’s policy to consider qualified family members as adoptive parents along with other qualified families.

Mays v. Cole

374 Ark. 532 · Supreme Court of Arkansas · Nov 3, 2008

Section 3-8-204 of the Local Option Code establishes rules on petition procedure and section 3-8-204(e) provides: Any person who is a qualified elector of the State of Arkansas and who is a resident and registered voter of … Section 9(c)(1) of amendment 51 clearly indicates that a qualified applicant is not registered until the permanent registrar “receives” and “acknowledges” a “legible and complete voter registration application.” Ark.

Sanders v. State

300 Ark. 25 · Supreme Court of Arkansas · Sep 18, 1989

According to that order, the jury panel was selected by the use of a computer using random numbers to select names of qualified voters of Garland County. … Here, the appellant clearly did not meet his burden of proof. The record is void of any statistical information to show the racial make-up of the community or of the 400 jurors on the four jury panels. See Thomas v.

Michael v. St. Paul Mercury Indemnity Co.

92 F. Supp. 140 · District Court, W.D. Arkansas · Aug 11, 1950

The case was treated as one of a charitable trust, and the public library association involved therein qualified as such. … If it were otherwise the *143 corporation could not qualify as charitable.