Case law

Niagara Fire Insurance v. Boon

76 Ark. 153 · Supreme Court of Arkansas · Jun 24, 1905

Objections are made to much testimony: to some because elicited by leading questions; to other because opinion evidence was admitted from witnesses not properly qualified as experts; and for some other reasons. … Certainly, it cannot be said that it clearly appears that it was the result of fraud, mistake, misfeasance or malfeasance of the appraiser or the umpire.

Chandler v. Baker

16 Ark. App. 253 · Court of Appeals of Arkansas · Dec 11, 1985

The tests shall be made by a duly qualified physician, or physicians, or by another duly qualified person, or persons, not to exceed three (3), to be appointed by the court. … To the contrary, the statute clearly states that these experts shall be subject to cross-examination.

Ligon v. Rees

364 S.W.3d 7 · Supreme Court of Arkansas · May 13, 2010

F.l was clearly against the preponderance of the evidence. … Crockett, Rubens, and AUSA Volpe signed the immunity agreement on March 10, 2004.

Baker Refrigeration Systems, Inc. v. Weiss

360 Ark. 388 · Supreme Court of Arkansas · Jan 27, 2005

We note at the outset that we review a trial court’s decision in a tax case de novo, but we will not disturb the trial court’s findings of fact unless they are clearly erroneous. Barclay v. … A trial court acquires no jurisdiction where the suit is one against the state and there is no waiver of sovereign immunity. Id.

Melanie Foster; Forest Roberts; Kathryn Clark; Christie Waggoner; Sawney Huckabay; And Allen Family Farm, Inc., an Arkansas Non-Profit Corporation v. Carla Muruaga-Atkins; Carol Ann Martin, Individually; Laura Martin, Individually; Laura Martin, as Mother and Next Friend of Two Unemancipated Minor Children; Caitlyn Peterson, Individually; Caitlyn Peterson, as Mother and Next Friend of Three Unemancipated Minor Children; And Kathryn Ahlefeld

700 S.W.3d 501 · Court of Appeals of Arkansas · Oct 30, 2024

Standard of Review The standard of review on appeal from a bench trial is whether the circuit court’s findings of fact were clearly erroneous or clearly against the preponderance of the evidence. … who was a member qualified to vote on the decision to list the property for sale.

Opinion No.

Arkansas Attorney General Reports · Sep 15, 2006

Const. amend. 24 , clearly mandates that a county have only "a county clerk" — a singular designation that is qualified nowhere else in the constitution or the Arkansas Code. … Const. art, 13 , § 5 (authorizing Sebastian County to establish two such districts) and Acts 1883, No. 74 and 1881, No. 14 (mandating the establishment of two such districts in Carroll and Clay Counties, but expressly referring

Waller v. Reed

District Court, E.D. Arkansas · Feb 1, 2021

Qualified immunity protects government officials who acted in an objectively reasonable manner and shields them from liability when their conduct does not violate “clearly established statutory or constitutional … Defendants are entitled to qualified immunity if: (1) the facts, viewed in the light most favorable to Plaintiff, do not establish a constitutional violation; or (2) the constitutional right was not clearly established

Gilliam v. Staley

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

Individual Capacity Claims Qualified immunity protects government officials from liability in cases brought under § 1983 if their “conduct does not violate clearly established statutory … They are entitled to qualified immunity because they did not violate a clearly established law by restraining Mr. Gilliam while he showered, given his aggressive behavior. See Sandin v.

Collins v. Lockhart

545 F. Supp. 83 · District Court, E.D. Arkansas · May 28, 1982

Respondent’s initial pleading was filed before the Rose decision when case law clearly established that petitioner in this case had effectively exhausted his state court remedies. … The issue as to a death qualified jury was discussed in Part 5, supra.

Opinion No.

Arkansas Attorney General Reports · Dec 10, 2009

In this regard, I will note that neither the livestock division nor the poultry division of the Commission is charged with any authority to select among qualified individuals or entities that might participate in a local … In any event, their existence, while acknowledged in the Code, in no sense renders them public entities of the sort that the Commission clearly qualifies as being. *Page 1

Maxey v. Kadrovach

696 F. Supp. 425 · District Court, W.D. Arkansas · Oct 13, 1988

immunity. … Counts I through IV of plaintiff’s amended complaint all “sound” in “constitutional tort” of the type established by Bivens and disallowed in Bush .

Benton v. Higgins

District Court, E.D. Arkansas · Feb 6, 2023

ANALYSIS Qualified immunity protects government officials from § 1983 liability for damages if their conduct “does not violate clearly established statutory … clearly established such that a reasonable official would not have known his or her actions were unlawful.

Kettner v. Castleberry

District Court, E.D. Arkansas · Aug 19, 2025

Individual-Capacity Claims: Qualified Immunity Qualified immunity protects a government official from liability when his or her conduct does not violate “clearly established statutory or constitutional … … clearly established at the time of the deprivation.”

Opinion No.

Arkansas Attorney General Reports · Jan 16, 1992

Title 20 U.S.C.A. § 1232g establishes confidentiality of school records. … The Act specifically provides for absolute immunity from both civil and criminal liability for those required to make reports who make them in good faith. A.C.A. § 12-12-517 (Cum. Supp. 1991).

Ruiz v. Harmon

District Court, E.D. Arkansas · Aug 28, 2019

With respect to whether Corporal Harmon and Sergeant Fry’s June 21, 2017, alleged actions violated clearly established law, the Court further agrees with Judge Kearney that the relevant law was clearly established at that … Ruiz, establish a violation of his constitutional right and that Corporal Harmon and Sergeant Fry are not entitled to qualified immunity as to Mr. Ruiz’s excessive force claim.

Pollreis v. Marzolf

District Court, W.D. Arkansas · Mar 13, 2020

right; and (2) the right was clearly established at the time of the deprivation.” … The “arguable reasonable suspicion” test is another way of saying that a plaintiff must establish the “clearly established” prong of qualified immunity. E/l-Ghazzawy v. Berthiaume, 636 F.3d 452, 459 (8th Cir. 2011).

Richardson v. Payne

District Court, E.D. Arkansas · Sep 2, 2025

Qualified immunity protects government officials from liability for damages “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person [in their positions … so, was that right clearly established at the time of the defendant’s alleged misconduct.

Maxwell v. Stephens

229 F. Supp. 205 · District Court, E.D. Arkansas · May 6, 1964

At the time of petitioner’s arrest, the fact that a felony had been committed was clearly established. … (emphasis added) The evidence adduced at the hearing on this petition, as well as the record from the state court trial, clearly and positively establishes that petitioner’s mother freely, voluntarily, intelligently and understandingly

Toney v. White

31 Ark. App. 34 · Court of Appeals of Arkansas · Apr 11, 1990

Appellant’s defense was “good faith” or qualified immunity. The trial court denied the appellant’s motion for summary judgment. … The cases of the Arkansas Supreme Court discussed above clearly show that where an order effectively determines a matter, the order will be treated as appealable under Appellate Procedure Rule 2(a)(2) which provides that

Brown v. Arkansas Department of Finance & Administration

180 F. Supp. 3d 602 · District Court, W.D. Arkansas · Apr 8, 2016

a state official, even if the State is otherwise protected by sovereign immunity. … The policy banning solicitations, if prompted by these sorts of complaints, is clearly not directed to Rev.