Supreme Court of Arkansas
Ricky Lynn Lenard, Sr., Appellant v. Wendy Kelley
May 18, 20172017 Ark. LEXIS 150
Summary
The court held that the ADC and Parole Board acted within their statutory authority when they relied on Lenard's disciplinary infraction to rescind his 2014 transfer eligibility, so sovereign immunity barred that claim. It held, however, that the Board exceeded its authority in denying transfer eligibility in 2015 by applying parole criteria unrelated to the felonies for which Lenard was incarcerated, including a civil sex-offender assessment, inapplicable prior-criminal-history criteria, and an unauthorized sex-offender treatment requirement. The court affirmed in part and reversed and remanded in part. No separate opinions were filed.