Ark. Cmty. Corr. v. Barnes

Summary

The Arkansas Supreme Court held that Arkansas Community Correction was entitled to judgment on the pleadings because sovereign immunity barred a claim under the Arkansas Whistle-Blower Act. The court concluded that the General Assembly could not constitutionally waive the State's sovereign immunity under article 5, section 20 of the Arkansas Constitution, reversed the circuit court, and dismissed the case.

Holdings

1. Article 5, section 20 of the Arkansas Constitution prohibits the General Assembly from waiving the State's sovereign immunity; therefore, the Arkansas Whistle-Blower Act's attempt to subject the State to liability is unconstitutional to that extent.
2. Arkansas Community Correction was entitled to judgment as a matter of law on the sovereign-immunity defense, and the circuit court erred by denying its motion for judgment on the pleadings.

Questions Presented

1. Whether the Arkansas Community Correction was entitled to judgment on the pleadings because sovereign immunity barred Barnes's Arkansas Whistle-Blower Act claim.
2. Whether the General Assembly could constitutionally waive the State's sovereign immunity through the Arkansas Whistle-Blower Act.

Disposition

reversed_and_remanded