Supreme Court of Arkansas
Greg Bowerman
September 25, 20142014 Ark. LEXIS 500
Summary
Justice Danielson agrees that the facts do not support Bowerman's illegal-exaction claim but disagrees with the majority's refusal to address the second certified question. He reasons that the precedent involving private defendants and allegedly unlawful third-party conduct is directly relevant and should either be distinguished or overruled to the extent it conflicts with the court's decision. Justice Danielson, concurring in part and dissenting in part, would address the second question and overrule the precedent to the extent necessary.