Lonnie Williams and Patience Bartunek, in Their Official Capacities as Employees of Arkansas State University…

Summary

The court held that McCoy's due-process claim was barred by sovereign immunity because her complaint did not plead facts sufficient to establish an unconstitutional act, despite alleging that she received notice and a hearing. The court dismissed the appeal concerning the FOIA claim because the interlocutory-appeal rule permitted review only of the sovereign-immunity issue, not the statutory exemption question. Justice Baker concurred separately based on McCoy's failure to use available hearing procedures, while Justice Hart would have affirmed the denial of dismissal of the due-process claim and otherwise concurred in dismissing the FOIA issue.