Supreme Court of Arkansas

Arkansas Community Correction v. Annette Barnes

April 12, 2018542 S.W.3d 841

Summary

The court held that the Arkansas Whistle-Blower Act's authorization of claims against a state agency is barred by article 5, section 20 of the Arkansas Constitution because the General Assembly cannot waive the State's sovereign immunity. Because Arkansas Community Correction was entitled to judgment on the pleadings, the court reversed the circuit court and dismissed the action. Justices Baker and Hart dissented, reasoning that the constitutional provisions protecting judicial remedies and individual rights permit the claim to proceed.