Supreme Court of Arkansas

Jimmy Banks v. Sharon Jones

June 6, 2019575 S.W.3d 111

Summary

The court held that Jones's official-capacity claims were barred by sovereign immunity because her complaint lacked factual allegations supporting an exception for unconstitutional or ultra vires conduct. It also held that Banks was entitled to qualified and statutory immunity on the individual-capacity claims because the complaint did not factually establish employment discrimination or malice. The court therefore reversed and dismissed the action. Justice Baker concurred in the disposition but relied on a broader view of sovereign immunity, while Justice Hart concurred in part and dissented in part, concluding that the individual-capacity claims should proceed.