Arkansas Community Correction v. Barnes (Majority, with Concurring and Dissenting)Annotate this Case
In this interlocutory appeal, the Supreme Court reversed an order of the circuit court denying Defendant’s motion for judgment on the pleadings and dismissed Plaintiff’s complaint on the grounds that it was barred by the doctrine of sovereign immunity.
In her complaint, Plaintiff alleged that Defendant, Arkansas Community Correction (ACC), terminated her in violation of the Arkansas Whistle-Blower Act (AWBA). Defendant moved for judgment on the pleadings on the grounds that it was an agency of the State and that the General Assembly could not validly waive the State’s sovereign immunity under the AWBA. The circuit court denied the motion. The Supreme Court reversed, holding that to the extent the legislature subjected the State to liability in the AWBA, it was prohibited by Ark. Const. art. V, 20.