Supreme Court of Arkansas
Arkansas Department of Human Services v. Justin and Marsha Harris, Personally, and Justin and Marsha Harris, as…
January 23, 2020592 S.W.3d 670
Summary
The court held that sovereign immunity barred the Harrises' claims for monetary damages against the state agency because the recognized illegal-act and related exceptions apply only to suits seeking injunctive relief. It also held that the agency did not waive sovereign immunity by filing a defensive motion to dismiss, because that motion was not a request for specific affirmative relief. The court therefore reversed the denial of the motion to dismiss and dismissed the case.