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 alleged notice and hearings but did not plead facts showing an unconstitutional act. It dismissed the FOIA issue because the interlocutory appeal authorized review only of sovereign-immunity questions, not the statutory exemption argument. Justice Hart, dissenting in part, would have allowed the due-process claim to proceed, while Justice Baker, concurring, agreed with the result but emphasized McCoy’s failure to use available hearing procedures.