Arkansas State Claims Commission; Arkansas General Assembly, Claims Review Subcommittee; Arkansas General Assembly…

Summary

The court held that Duit failed to plead sufficient facts to invoke the unconstitutional-act exception to sovereign immunity for its equal-protection claim, so that claim was barred and the denial of the defendants’ dismissal motions had to be reversed. The court also dismissed Duit’s cross-appeal because the circuit court’s order was not final and was not an appealable interlocutory order under the applicable rule. The matter was remanded for entry of an order consistent with the opinion.