Milligan v. Singer (Majority, with Dissenting)Annotate this Case
The Supreme Court reversed the order of the circuit court denying Defendant's motion to dismiss a claim brought under the Arkansas Whistle-Blower Act (AWBA) and dismissed the complaint, holding that the complaint was barred by the State's sovereign immunity.
Plaintiff, who had worked in the office of the Arkansas Treasurer of State before he was terminated, filed a complaint against Defendant, the treasurer, in his official capacity, alleging a violation of the AWBA. Defendant filed a motion to dismiss, alleging that the complaint was barred by sovereign immunity. The trial court denied the motion to dismiss. The Supreme Court reversed, holding (1) pursuant to the Court's decision in Arkansas Community Correction v. Barnes, 542 S.W.3d 841 (Ark. 2018), the purported legislative waiver of the State's sovereign immunity in the AWBA is unconstitutional; and (2) the complaint in this case was barred by sovereign immunity.