Lonnie Williams and Patience Bartunek, in Their Official Capacities a — Hart, J., Concurring in Part and Dissenting…

Summary

Justice Hart dissented from the disposition of McCoy’s civil-rights claim, concluding that the complaint adequately alleged a due-process violation and that the defendants bore the burden of establishing sovereign immunity as an affirmative defense. She would have affirmed the circuit court’s refusal to dismiss that claim, or alternatively required any dismissal for deficient pleading to be without prejudice. She concurred in the disposition of the Arkansas Freedom of Information Act claim because the sovereign-immunity reference did not create appellate jurisdiction where the actual issue was statutory interpretation. Justice Baker, concurring separately, would uphold dismissal of the due-process claim because McCoy did not allege that she used several available hearing procedures.