Johnson v. Butler (Majority, with Concurring and Dissenting)Annotate this Case
Eugene Butler brought this suit against the Board of Trustees of the University of Arkansas, alleging that the University violated the Arkansas Whistle-Blower Act (AWBA) upon terminating Appellant from his job as a police officer at the University of Arkansas at Pine Bluff. The University filed a motion to dismiss pursuant to Ark. R. Civ. P. 12(b)(6), arguing that Butler’s complaint failed to state a cause of action that was not barred by sovereign immunity. The circuit court denied the motion. The Supreme Court reversed and dismissed the complaint, holding that the University was entitled to sovereign immunity because the complaint failed to state a factual basis for Butler’s claim under the AWBA.