Charles Smith, Betty Mains, James Scoggins, Bryan Hall, Each Individually and in Their Official Cap — Baker, J…

Summary

The concurring and dissenting opinion would reverse and remand on the sovereign-immunity issues. It would hold that the Arkansas Whistle-Blower Act waives immunity only for actions against a statutorily defined public employer, not individual officials sued in their official capacities, and that the official-capacity Arkansas Civil Rights Act claims were properly before the court and barred by sovereign immunity. It would affirm the denial of immunity to Mains in her individual capacity because the plaintiff failed to show that Mains could reasonably have known her conduct violated clearly established rights. Donald L. Corbin, Justice, concurring in part and dissenting in part, would affirm the disposition of the whistle-blower claim but would not reach the remaining issues because the abbreviated record was insufficient.