Ark. Dep't of Human Servs. v. Fort Smith Sch. Dist. (Majority, with Dissenting)
Annotate this CaseThe Arkansas Department of Human Services (DHS) amended its licensing requirements to include certain minimum general-liability-insurance coverage for all child-care centers. Plaintiffs, three school districts that operated child-care centers licensed by DHS, filed a complaint alleging that DHS’s requirement that they purchase general-liability-insurance conflicted with their tort immunity under Ark. Code. 21-9-301(a). Defendants, DHS and John Selig, the director of DHS, filed a motion to dismiss, arguing that the school districts’ claims were barred by sovereign and statutory immunity. The circuit court denied the motion to dismiss. The Supreme Court affirmed in part, reversed in part, and dismissed in part, holding (1) the circuit court correctly denied Defendants’ motion to dismiss on sovereign-immunity grounds as to DHS and John Selig, in his official capacity; (2) to the extent the school district made claims against Selig individually, they were barred by Ark. Code Ann. 19-10-305(a); and (3) the remainder of Plaintiffs’ arguments were not properly before the Court.
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