qualified immunity in Arkansas

2006Saucier v. Katz, 533 U.S. 194 (2001).

2006Saucier v. Katz, 533 U.S. 194 (2001); Harlow v. Fitzgerald, 457 U.S. 800 (1982).

1984The trial judge followed the test announced by this Court in Mauney v. Millar, 142 Ark. 500 , 219 S.W. 1032 (1920), where we stated: There are two classes of privileged communications recognized in the law governing the publication of alleged libelous matter: One of these classes constitutes an absolute privilege, and the other a qualified privilege, and, according to the great weight of authority, pertinent and relevant statements in pleadings in judicial proceedings are held to be within the first class mentioned, and are absolutely privileged . . .

1984The trial judge followed the test announced by this Court in Mauney v. Millar, 142 Ark. 500 , 219 S.W. 1032 (1920), where we stated: There are two classes of privileged communications recognized in the law governing the publication of alleged libelous matter: One of these classes constitutes an absolute privilege, and the other a qualified privilege, and, according to the great weight of authority, pertinent and relevant statements in pleadings in judicial proceedings are held to be within the first class mentioned, and are absolutely privileged . . .

2018Cohen v. Beneficial Industrial Loan Corp. , 337 U.S. 541 , 546, 69 S.Ct. 1221 , 1225, 93 L.Ed. 1528 (1949).

2018Cohen v. Beneficial Industrial Loan Corp. , 337 U.S. 541 , 546, 69 S.Ct. 1221 , 1225, 93 L.Ed. 1528 (1949).

2014“Under the standard of qualified immunity articulated in Harlow v. Fitzgerald, [ 457 U.S. 800, 818 , 102 S.Ct. 2727 , 73 L.Ed.2d 396 (1982),] the government official will be entitled to immunity so long as his actions do not violate ‘clearly established statutory or constitutional rights of which a reasonable person would have known.”’ Id., 970 S.W.2d at 296 (quoting Mitchell v. Forsyth, 472 U.S. 511, 524 , 105 S.Ct. 2806 , 86 L.Ed.2d 411 (1985)).

2014“Under the standard of qualified immunity articulated in Harlow v. Fitzgerald, [ 457 U.S. 800, 818 , 102 S.Ct. 2727 , 73 L.Ed.2d 396 (1982),] the government official will be entitled to immunity so long as his actions do not violate ‘clearly established statutory or constitutional rights of which a reasonable person would have known.”’ Id., 970 S.W.2d at 296 (quoting Mitchell v. Forsyth, 472 U.S. 511, 524 , 105 S.Ct. 2806 , 86 L.Ed.2d 411 (1985)).

2001As stated in Rainey v. Hartness, 339 Ark. 293 , 299 , 5 S.W.3d 410 (1999): Generally, government officials performing discretionary functions are granted a qualified immunity from suit under section 1983 and are "shielded 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 known." Wilson v. Layne, No. 98-83, 526 U.S. ___ , ___, slip op. at 4-5 (May 24, 1999) (quoting Harlow v. Fitzgerald, 457 U.S. 800 , 818 (1982)).

2001As stated in Rainey v. Hartness, 339 Ark. 293 , 299 , 5 S.W.3d 410 (1999): Generally, government officials performing discretionary functions are granted a qualified immunity from suit under section 1983 and are "shielded 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 known." Wilson v. Layne, No. 98-83, 526 U.S. ___ , ___, slip op. at 4-5 (May 24, 1999) (quoting Harlow v. Fitzgerald, 457 U.S. 800 , 818 (1982)).

1988Dunn & Bradstreet, Inc. v. Robinson, 233 Ark. 168 , 345 S.W.2d 34 (1961).

1988Dunn & Bradstreet, Inc. v. Robinson, 233 Ark. 168 , 345 S.W.2d 34 (1961).

2025Smith v. Brt, 363 Ark. 126 , 211 S.W.3d 485 (2005).

2025Smith v. Brt, 363 Ark. 126 , 211 S.W.3d 485 (2005).

2022Qualified immunity is not a defense available to governmental entities, but only to government employers sued in their individual capacity.” Johnson v. Outboard Marine Corp., 172 5 F.3d 531 , 535 (8th Cir. 1999).

2020Ritchie, 480 U.S. at 58 n.15 (quoting United States v. Valenzuela-Bernal, 458 U.S. 858, 867 (1982)).3 Compare Taffner v. State, 2018 Ark. 99 , at 12, 541 S.W.3d 430, 437 (holding that a defendant was entitled to an in camera review of DHS records involving a victim in a child-rape case when there was a preliminary showing that the records contained allegedly false accusations by the victim of sexual abuse and Arkansas statutes involving DHS permitted disclosure in certain circumstances) with Holland, 2015 Ark. 341 , at 13–15, 471 S.W.3d at 187–88 (holding private records of victim’s disclosure

2020Ritchie, 480 U.S. at 58 n.15 (quoting United States v. Valenzuela-Bernal, 458 U.S. 858, 867 (1982)).3 Compare Taffner v. State, 2018 Ark. 99 , at 12, 541 S.W.3d 430, 437 (holding that a defendant was entitled to an in camera review of DHS records involving a victim in a child-rape case when there was a preliminary showing that the records contained allegedly false accusations by the victim of sexual abuse and Arkansas statutes involving DHS permitted disclosure in certain circumstances) with Holland, 2015 Ark. 341 , at 13–15, 471 S.W.3d at 187–88 (holding private records of victim’s disclosure

2020Ritchie, 480 U.S. at 58 n.15 (quoting United States v. Valenzuela-Bernal, 458 U.S. 858, 867 (1982)).3 Compare Taffner v. State, 2018 Ark. 99 , at 12, 541 S.W.3d 430, 437 (holding that a defendant was entitled to an in camera review of DHS records involving a victim in a child-rape case when there was a preliminary showing that the records contained allegedly false accusations by the victim of sexual abuse and Arkansas statutes involving DHS permitted disclosure in certain circumstances) with Holland, 2015 Ark. 341 , at 13–15, 471 S.W.3d at 187–88 (holding private records of victim’s disclosure

2020Id. at 57–58.

2020App. 193, at 11 , 374 S.W.3d at 159 . 5 Qualified immunity for a county sheriff derives from Arkansas Code Annotated section 21-9-301, which provides as follows: (a) It is declared to be the public policy of the State of Arkansas that all counties, municipal corporations, school districts, public charter schools, special improvement districts, and all other political subdivisions of the state and any of their boards, commissions, agencies, authorities, or other governing bodies shall be immune from liability and from suit for damages except to the extent that they may be covered by liability i

2020Ritchie, 480 U.S. at 58 n.15 (quoting United States v. Valenzuela-Bernal, 458 U.S. 858, 867 (1982)).3 Compare Taffner v. State, 2018 Ark. 99 , at 12, 541 S.W.3d 430, 437 (holding that a defendant was entitled to an in camera review of DHS records involving a victim in a child-rape case when there was a preliminary showing that the records contained allegedly false accusations by the victim of sexual abuse and Arkansas statutes involving DHS permitted disclosure in certain circumstances) with Holland, 2015 Ark. 341 , at 13–15, 471 S.W.3d at 187–88 (holding private records of victim’s disclosure

2019See Harlow v. Fitzgerald, 457 U.S. 800 (1982); Shekleton v. Eichenberger, 677 F.3d 361 (8th Cir. 2012).

2019We have explained that qualified immunity shields government officials from liability for civil damages when they are performing discretionary functions "insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known." Blevins v. Hudson , 2016 Ark. 150 , at 6, 489 S.W.3d 165 (citing Wilson v. Layne , 526 U.S. 603 , 609, 119 S.Ct. 1692 , 143 L.Ed.2d 818 (1999) ).

2019We have explained that qualified immunity shields government officials from liability for civil damages when they are performing discretionary functions "insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known." Blevins v. Hudson , 2016 Ark. 150 , at 6, 489 S.W.3d 165 (citing Wilson v. Layne , 526 U.S. 603 , 609, 119 S.Ct. 1692 , 143 L.Ed.2d 818 (1999) ).

2015App. 232 , 284 S.W.3d 74 (2008), a case where, in dicta, the court of appeals suggested that an action for trespass could be barred by the qualified immunity granted by Arkansas Code Annotated section 21-9-301.

2015In Passmore v. Hinchey, 2010 Ark.

2015In Passmore v. Hinchey, 2010 Ark.