Dennis Milligan v. David Singer

Summary

The court held that the Arkansas Whistle-Blower Act's purported waiver of the State's sovereign immunity is unconstitutional. Because Singer sued the Treasurer solely in his official capacity and sought monetary relief that would impose liability on the State, sovereign immunity barred the claim. The court therefore reversed the order denying the motion to dismiss and dismissed the complaint without reaching the alternative failure-to-state-a-claim argument.