Case law
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Arkansas Attorney General Reports · Nov 23, 1999
Question No. 1 in Attorney General Opinion No. 99-105 asked: "Under Act 773 of 1999, is it legal for a school district to establish a policy that states: `If a school employee opts to participate in the Teacher Deferred Retirement … The above-quoted provision clearly applies to all employees, regardless of their status or the nature of their positions. Assistant Attorney General Suzanne Antley prepared the foregoing opinion, which I hereby approve.
Cited 0 timesPublished286 Ark. 434 · Supreme Court of Arkansas · Jul 15, 1985
Hess argues that as a private citizen he was privileged to complain to authorities about the conduct of public officials, and that as a member of the Board of Directors he was entitled to a qualified immunity for discretionary … The claim of immunity is, however, subject to the requirement of good faith, and the question of good faith is one for the jury. McMillion v. Armstrong, 238 Ark. 115, 119 , 378 S.W.2d 670, 673 (1964).
Cited 25 timesPublished600 S.W.3d 554 · Supreme Court of Arkansas · May 14, 2020
With regard to costs and attorney’s fees, the State argued that these claims were barred by sovereign immunity. … Accordingly, the record establishes that the circuit court considered this factor.
Cited 4 timesPublishedDistrict Court, E.D. Arkansas · Jun 27, 2023
Qualified immunity shields a police officer from liability unless the officer violates a constitutional or statutory right that was so clearly established that a reasonable officer would have known that his or her actions … The parties have provided no precedent establishing this right, and therefore it is not clearly established.
Cited 0 timesUnknownArkansas Attorney General Reports · Aug 27, 1987
Such a result would, moreover, be contrary to the well-established rule that a court will construe a statute so as to enable it to be effective. Town of Wrightsville v. Walton, 255 Ark. 523 , 501 S.W.2d 241 (1973). … The General Assembly has clearly expressed its intent that a "condominium" be included as an improvement or structure subject to the Act, thus effectively removing it from structures qualifying as "single-family residences
Cited 0 timesPublishedArkansas Attorney General Reports · Feb 24, 1994
The court specifically rejected the argument that wearing uniforms and badges was sufficient to qualify them as law enforcement officers. Id. … It must therefore be concluded that they would, similarly, fail to qualify as "law enforcement officers" entitled to holiday compensation under A.C.A. 14-52-105 .
Cited 0 timesPublishedDistrict Court, W.D. Arkansas · Aug 27, 2024
established rights of which a reasonable officer would have known, and they are entitled 7 to qualified immunity. … immunity.
Cited 0 timesUnknownDistrict Court, W.D. Arkansas · Jun 14, 2022
Further, Sergeant Willis is not entitled to qualified immunity. … Thus, questions of fact dictate denial of qualified immunity. G.
Cited 0 timesUnknownArkansas Attorney General Reports · Nov 20, 1998
You note that your husband's experience in death penalty cases clearly meets the minimum standards for lead counsel in a death case. … The courts may appoint attorneys from the list of qualified attorneys prepared by the Commission.
Cited 0 timesPublishedArkansas Attorney General Reports · Feb 8, 2008
Would a city museum of history qualify as a "tourist-oriented facility" as defined in A.C.A. 26-75-606 (b)(1)(A)? 2. … Moreover, your question clearly raises the constitutional issue discussed in my response to your second question.
Cited 0 timesPublished265 F. Supp. 2d 995 · District Court, W.D. Arkansas · May 22, 2003
Spradlin and Mayor Coberly — are entitled to qualified immunity with respect to the plaintiffs claims against them. … Accordingly, defendant’s Motion is granted on the issue of qualified immunity and plaintiffs first amended complaint against defendants Brandon Carter, Dennis Spradlin and Terry Coberly dismissed with prejudice.
Cited 2 timesPublished483 F. Supp. 1372 · District Court, E.D. Arkansas · Mar 7, 1980
The result is clearly an unrepresentative jury. But cases like Taylor v. … The State’s right to appeal this preliminary determination, should it choose to do so, is, of course, set forth clearly in Rule 36.10 of A.R.Cr.P. 2 .
Modified by Grigsby v. Mabry, 637 F.2d 525 (1980)Cited 28 timesPublished2021 Ark. App. 418 · Court of Appeals of Arkansas · Nov 3, 2021
Defense counsel also asserted that the premeditated and deliberate portion of the capital- murder allegation had not been established by the evidence. … In light of this evidence, we hold that the circuit court did not clearly err in finding Dr. Silber to be a qualified expert within the meaning of the statute. A.M.’s second argument is that even if Dr.
Cited 2 timesPublished2023 Ark. 70 · Supreme Court of Arkansas · Apr 27, 2023
She also contended that the docket sheet evidence was insufficient to establish a conviction within the meaning of article 5, section 9 of the Arkansas Constitution when she presented competing evidence that there had been … The discovery that there were no qualified candidates in the 2022 election created a vacancy. This vacancy should be addressed forthwith.
Cited 8 timesPublishedMcAvoy v. TEXAS EASTERN TRANSMISSION CORPORATION
187 F. Supp. 46 · District Court, W.D. Arkansas · Mar 9, 1960
Brown & Root’s contention that it shares Texas Eastern’s immunity under the Louisiana statute finds strong support in the opinions of Judge Dawkins in Maddox v. … Those cases established that Arkansas, as the State of the forum, will allow a tort recovery if such a recovery is permitted by the State where the accident occurred, notwithstanding such a recovery would be prohibited by
Cited 5 timesPublished70 Ark. App. 403 · Court of Appeals of Arkansas · Jun 21, 2000
The parties agreed to equally divide the value of the plans as of the date of the divorce decree and property-settlement agreement by means of a Qualified Domestic Relations Order (“QDRO”). … The standards governing our review of a chancery, court decision are well established.
Cited 14 timesPublished315 Ark. 512 · Supreme Court of Arkansas · Jan 18, 1994
§ 14-14-917 (d) (1987), in part, provides: If the board of election commissioners fails or refuses to submit a proposed initiative or referendum ordinance when it is properly petitioned and certified as sufficient, the qualified … Undoubtedly, he is not attempting to enforce a right that is already clearly established.
Cited 2 timesPublishedDistrict Court, W.D. Arkansas · Apr 19, 2019
Qualified Immunity Qualified immunity “shields government officials from liability for civil damages insofar as their conduct does not violate clearly established statutory … Qualified Immunity Qualified immunity “shields government officials from liability for civil damages insofar as their conduct does not violate clearly established statutory
Cited 0 timesUnknownFort Smith School District v. Beebe
322 S.W.3d 1 · Supreme Court of Arkansas · Jun 4, 2009
could be granted; (3) the claims are barred by res judicata; (4) some of Appellants’ claims are not ripe for adjudication; (5) Appellants’ complaint failed to name necessary and indispensable parties; and (6) the State is immune … The EETF was established in 1991 by Act 10, as amended, and is currently codified | isat Ark.Code Ann. §§ 6-5-301 et seq. (Repl.2007).
Cited 9 timesPublishedRagland v. Arkansas Valley Coal Services, Inc.
275 Ark. 108 · Supreme Court of Arkansas · Feb 8, 1982
A taxpayer must clearly establish his right to an exemption. If there is any doubt as to that right, the exemption must be denied. S.H. & J. Drilling Corp. v. Qualls, 268 Ark. 71 , 593 S.W. 2d 178 (1980); Gaddy v. … Arkansas Valley has not clearly established its right to the exemption allowed by Ark. Stat. Ann. § 84-3106 (D) (2). Reversed. The statute then in effect, Act 487 of 1949, § 6, was amended in 1955, after Scurlock v.
Cited 1 timesPublished
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