Case law

Brown v. Frenken

87 Ark. 160 · Supreme Court of Arkansas · Jul 13, 1908

Brown, who states to the court that he is the regularly qualified and appointed trustee in bankruptcy of the estate of George W. Harden and A. M. … It is clearly established by the authorities supra that a party aggrieved by a judgment has a right of appeal, though he is not a party to the record.

Opinion No.

Arkansas Attorney General Reports · Jul 17, 2002

In addition, a record must be "investigative" in nature in order to qualify for the exemption. … That is, the evidence presented to the lower court did not establish that the records were sufficiently investigative in nature to qualify for the exemption.

Cross

District Court, W.D. Arkansas · Dec 31, 2025

The court’s qualified immunity analysis considers two questions: “(1) whether the facts shown by the plaintiff make out a violation of a constitutional . . . right, and (2) whether that right was clearly … established at that time and Defendant Nutt is nevertheless entitled to qualified immunity with respect to this claim.

Terry v. White

374 Ark. 366 · Supreme Court of Arkansas · Oct 2, 2008

At that time, counsel for White and Sugg indicated an intent to file a motion to dismiss on the grounds of sovereign immunity. … He argues that comments made at the hearing establish the lack of clarity of the discovery ruling.

Taylor v. Kerstein

District Court, E.D. Arkansas · Jan 12, 2024

clearly established statutory or constitutional rights of which a reasonable person would have known.” … And, even if there was sufficient evidence, I find Defendants are also entitled to qualified immunity under the second prong because the law was not clearly established that a reduction of out-of-cell exercise for the duration

Opinion No.

Arkansas Attorney General Reports · Nov 5, 2001

Said Rural Development Authority shall be composed of five (5) members, each a qualified elector of Benton County. ARTICLE III. … As reflected in the foregoing, I believe a rural development authority clearly qualifies as an administrative board and that A.C.A. § 14-14-712 was designed in part to enable county government to locate ultimate control over

Kirklin v. Benton

District Court, E.D. Arkansas · Aug 17, 2020

the violation of a clearly established constitutional right. … Qualified immunity protects government officials “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have

Walden v. Montgomery County Sheriff's Department

District Court, W.D. Arkansas · Oct 26, 2022

A plaintiff can overcome qualified immunity at the pleading stage by pleading facts that show “(1) that the official violated a statutory or constitutional right, and (2) that the right was ‘clearly established’ at the … Yet, the 8th Circuit has established “that qualified immunity is appropriate if defendant has been accused of submitting a recklessly false affidavit and if a corrected affidavit would still provide probable cause to arrest

Rhodes v. Driver

69 Ark. 606 · Supreme Court of Arkansas · Nov 2, 1901

Driver, was duly elected clerk of the circuit court of Mississippi county at the general election held oh the 3d day of September, 1900; that he was duly commissioned, qualified, and is now acting as such clerk; that J. … “Ho principle of the law of injunctions, and perhaps no doctrine of equity jurisprudence, is more definitely fixed or more clearly established than that courts of equity will not interfere by injunction to determine questions

Bales v. City of Fort Smith, Arkansas

2016 Ark. App. 356 · Court of Appeals of Arkansas · Aug 24, 2016

Like Bales and Entmeier, Sampson is clearly a public employee, and the FSPD is a public employer under the Act. … Sampson also alleges that his communications regarding improper overtime usage qualify him as a whistle-blower under the AWBA.

Hankins

District Court, W.D. Arkansas · Mar 26, 2026

Movants also argue that Trooper Young is entitled to qualified immunity for the claims against him. Id. at p. 9-10. … Judge Singleton also determines that Trooper Young is not entitled to qualified immunity for Plaintiff’s claims because the constitutional right allegedly violated was clearly established at the time of the events giving

In re Bailey

299 Ark. 352 · Supreme Court of Arkansas · Jul 3, 1989

The doctors’ testimony, however, did not establish that the remaining two requirements, findings with respect to adaptive behavior and intellectual functioning, had been included in the evaluation. … We will not reverse such a finding unless it is clearly against the preponderance of the evidence, or clearly erroneous. ARCP Rule 52.

Opinion No.

Arkansas Attorney General Reports · Jan 20, 2004

Given that both the mayor and the city employee are public employees, I believe documents containing the requested information clearly qualify as "public records" under this definition. … If so, the documents might qualify as the employee's evaluation/job performance records.

Neal v. Walker

District Court, W.D. Arkansas · Feb 1, 2023

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. … immunity, the Court must now determine whether Plaintiff’s due process rights were clearly established in September and October of 2021.

Williams v. Greene County, Arkansas

District Court, E.D. Arkansas · Oct 21, 2024

Williams’s no-qualified- immunity argument fails based on binding precedent. Is Calaway’s Giglio decision entitled to qualified immunity? Yes. … The right at issue here—whether a state prosecutor’s Giglio letter implicates a local law enforcement officer’s liberty interest—is not clearly established.

Randle v. Smith

District Court, E.D. Arkansas · Sep 24, 2021

was clearly established at the time of the defendant’s alleged misconduct.” … Under the second prong of the qualified immunity analysis, “the plaintiff must demonstrate the law was clearly established.” Monroe v. Ark. State Univ., 495 F.3d 591, 594 (8th Cir. 2007).

Grigsby v. Mabry

583 F. Supp. 629 · District Court, E.D. Arkansas · Aug 18, 1983

Grigsby clearly raised the issue. Mr. … If this view is incorrect, i.e., if this Court’s rulings are upheld only upon the basis of the evidentiary proof that establishes that death qualified juries are factually unrepresentative and guilt-prone, then it might further

Fountain v. United States

533 F. Supp. 698 · District Court, W.D. Arkansas · Dec 17, 1981

Fountain sustained on March 22,1955, clearly were “incident to service” as they were injuries which his military commanders knew he would sustain while following their orders. We hold that the harm Mr. … Individuals also are not the sovereign and any immunity they enjoy is not based on sovereign immunity. Feres v.

Tudor v. Members of Arkansas State Parks

83 F.R.D. 165 · District Court, E.D. Arkansas · Jul 30, 1979

Obviously, since the sovereign can refuse to waive its immunity to suit, it can place restrictions or qualifications on those who seek to take advantage of a waiver of immunity. … . § 2409a(c) to be for that specific purpose, to qualify or limit those who can litigate title disputes involving lands in which the United States claims an interest.

Opinion No.

Arkansas Attorney General Reports · Dec 17, 2008

It will be upheld unless it is clearly erroneous or contrary to statute. See generally Clinton v. … I cannot state that this interpretation is clearly wrong.