Case law

Minton v. Minton

2010 Ark. App. 310 · Court of Appeals of Arkansas · Apr 14, 2010

A finding is clearly erroneous when, although there is evidence to support it, we are left on the entire evidence with the firm conviction that a mistake has been committed. Id. … Adrian essentially concedes that Norma qualifies as a credible witness, and |fiwe agree.

Kempson v. Goss

69 Ark. 451 · Supreme Court of Arkansas · Jun 29, 1901

principles to the facts, if it could be said that appellant, so long as he lived with appellees and kept them as a part of his family, stood to them in loco parentis, this certainly was not the case after he left them and established … The purpose not to be so treated was as clearly manifested by the appellees in the institution of this suit for the use and occupation of the premises.

Rineco Chemical Industries, Inc. v. Weiss

344 Ark. 118 · Supreme Court of Arkansas · Mar 8, 2001

in manufacturing articles of commerce and, therefore, qualify for an exemption under state law. … Rineco has broken down the statutory definition into five factors that must be established to qualify for the manufacturing exemption.

Opinion No.

Arkansas Attorney General Reports · Mar 28, 2000

That is, the Program clearly has a secular purpose. … As indicated, this issue can only be determined by a qualified finder of fact.

McKinney v. Huntsville School District

District Court, W.D. Arkansas · Oct 12, 2018

Counts IV and VI: Qualified Immunity Certain government officials who are performing “discretionary functions” are immune from civil action as long as their conduct does not “violate clearly established statutory … Courts analyze two elements to determine whether qualified immunity applies: (1) whether the official violated plaintiffs constitutional rights; and (2) whether those rights were Clearly established. Saucier v.

Opinion No.

Arkansas Attorney General Reports · Nov 9, 2007

I will note initially that the parties to the agreement clearly qualify as "public agencies" — a term the Arkansas Code defines in pertinent part as follows: "Public agency" means . . . any political subdivision of this state … In addition, if the interlocal agreement does not establish a separate legal entity to conduct the joint or cooperative undertaking, it must specify the following items: (1) The provision for an administrator or a joint board

Opinion No.

Arkansas Attorney General Reports · Sep 25, 2008

I cannot state that the ADE's interpretation of the laws and its licensure regulations is clearly wrong. … of Community Correction are by this subchapter designated as a qualified school district to be known as the "Corrections School System".

Starling v. Bass

District Court, E.D. Arkansas · Mar 14, 2025

Qualified Immunity Defendants assert they are entitled to qualified immunity with respect to Starling’s individual capacity claims. … To determine whether defendants are entitled to qualified immunity, the Court must determine: (1) “whether the facts alleged or shown, construed in the light most favorable to [plaintiff], establish the violation of

Stanley v. Gray

District Court, W.D. Arkansas · Jul 26, 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. … So, the next inquiry is whether such a right to be free from such punishment as a pretrial detainee was clearly established in March 2022. The Court finds it was in fact clearly established at that time.

Kimbro Stephens Insurance Trust and A.K. Tennessee Irrevocable Residuary Trust v. James E. Smith, Jr.; Kimberly Woodyard; And Smith Akins & Gladden, P.A.

2021 Ark. App. 127 · Court of Appeals of Arkansas · Mar 17, 2021

The circuit court determined that the appellees were immune from liability under Arkansas Code Annotated section 16-22-310 (Supp. 2019), the attorney-immunity statute, because the appellants and … the requirement had been established.

Davis v. Lay

District Court, E.D. Arkansas · Jun 5, 2023

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 … Defendants are entitled to qualified immunity if: (1) the evidence, viewed in the light most favorable to Plaintiff, does not establish a violation of a constitutional right; or (2) the constitutional right was not clearly

Opinion No.

Arkansas Attorney General Reports · Jun 1, 2007

Given this statutory grant to a commission of the state's sovereign authority, I believe a commissioner clearly qualifies as an officer. … . § 7-1-101 (21) clearly indicates that he must.

Samuels v. Arkansas Department of Human Services

443 S.W.3d 599 · Court of Appeals of Arkansas · Oct 1, 2014

The court, however, does not have to determine that every factor considered be established by clear and convincing evidence; instead, after considering all of the factors, the evidence must be clear and convincing that … He admits that he failed to raise this below, but contends it qualifies as a Wicks exception to the contemporaneous-objection rule. Wicks v. State, 270 Ark. 781, 606 S.W.2d 366 (1980).

Opinion No.

Arkansas Attorney General Reports · Jul 12, 2001

For example, in Jonesboro, seven new election zones have been established. … (d)(1)(A) A candidate for election from a single-member zone must be a qualified elector and a resident of the zone.

McCoy v. Iverson

District Court, E.D. Arkansas · Sep 11, 2024

But, beyond these vagaries, Defendants do not develop an argument with respect to the clearly-established prong of the qualified-immunity analysis. … The absence of an argument concerning the clearly-established prong of the qualified-immunity test does not appear to have been an oversight.

Martz v. Webb

District Court, W.D. Arkansas · Apr 30, 2019

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 … As for Defendants’ claim that they are entitled to qualified immunity, based on the cases previously cited in this section, the law was clearly established in May 2016 that refusing to allow an inmate to wash off pepper

Opinion No.

Arkansas Attorney General Reports · Apr 14, 2000

Const. art. 7 , § 24 (establishing prosecuting attorneys as judicial officers of the state). Question 2: If so, are they eligible as county employees or as state employees? … As just noted, assuming they are not independent contractors, in my opinion coordinators clearly qualify as state employees.

Floreal-Wooten v. Helder

District Court, W.D. Arkansas · Mar 16, 2023

Karas were deemed eligible to assert this defense, he would not be entitled to its protections under these facts and pursuant to clearly established law. … A public official is entitled to qualified immunity unless his conduct violated a constitutional right and that right was clearly established. Williams v. Mannis, 889 F.3d 926, 931 (8th Cir. 2018) (citations omitted).

Jones v. State

31 Ark. App. 23 · Court of Appeals of Arkansas · Apr 4, 1990

We hold that the trial court’s finding that appellant participated in the burglary is not clearly against the preponderance of the evidence. … In the case at bar the State gave no reason for Harris’s absence and there is no contention that the trial court followed the procedure established by Goforth.

Jordan v. Jerry D. Sweetser, Inc.

64 Ark. App. 58 · Court of Appeals of Arkansas · Nov 4, 1998

Moreover, the plans, which were admitted into evidence, do not clearly show how deep the excavation was required to be at the point in question. … In the instant case, Jordan’s own testimony establishes that the cause of the accident was an oncoming vehicle that he perceived to be in his lane and his actions in swerving or jerking his truck off the roadway.