Harmon v. Payne (Majority, with Concurring and Dissenting)
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The Supreme Court affirmed the circuit court's dismissal of Plaintiff's complaint filed against Arkansas prison officials under the Arkansas Civil Rights Act and state tort law for allegedly depriving him of a nutritionally adequate diet safe for consumption but reversed the circuit court's imposition of a strike for the dismissal of the underlying action, holding that dismissal was warranted but the strike was not.
In dismissing the complaint, the circuit court concluded that Plaintiff's claims were barred by sovereign and statutory immunity and failed to state facts upon which relief could be granted. The court also issued a strike under Ark. Code Ann. 16-68-607. The Supreme Court affirmed in part and reversed in part, holding (1) because Plaintiff's allegations failed to establish a constitutional violation Plaintiff failed to surmount sovereign and statutory immunity; and (2) the strike was unwarranted.
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