Supreme Court of Arkansas

Calvin Johnson v. Eugene…

June 9, 20162016 Ark. LEXIS 209

Summary

The court held that it had jurisdiction over the interlocutory appeal because the motion to dismiss presented sovereign immunity as its sole issue and the circuit court's denial operated as a ruling on that issue. On the merits, the court held that Butler's third amended complaint failed to allege facts establishing a claim under the Arkansas Whistle-Blower Act, so no statutory basis overcame sovereign immunity. Justice Dobson concurred in the disposition but would have reached the constitutional legislative-waiver issue, while Justices Danielson and Hart dissented on appellate jurisdiction.