Calvin Johnson v. Eugene…

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 did not plead facts showing what he reported, what he refused to lie about, or that his termination violated the Arkansas Whistle-Blower Act, so the complaint did not establish an exception to sovereign immunity. The court therefore reversed and dismissed the action without deciding whether the legislature could waive sovereign immunity. Justice Dobson concurred in the disposition but would have held that Butler stated an Arkansas Whistle-Blower Act claim and that the statutory waiver of sovereign immunity was unconstitutional; Justices Danielson and Hart dissented on appellate jurisdiction.