Supreme Court of Arkansas

Arkansas State Medical Board and Peggy Cryer v. Kristi Byers…

June 8, 20172017 Ark. LEXIS 186

Summary

The court held that sovereign immunity barred the Arkansas Civil Rights Act claims against the Medical Board and the executive secretary in her official capacity because the requested judgment would control state action or impose liability on the State, and no exception was developed on the record. It also held that statutory immunity barred the Arkansas Civil Rights Act claims against the executive secretary individually because the plaintiff offered only conclusory assertions of malice. The court affirmed the denial of immunity as to the federal civil-rights claims against the executive secretary individually because the appellants failed to support that argument with sufficient legal authority.