Ark. Cmty. Corr. v. Barnes
542 S.W.3d 841
Ark.2018Background
- Plaintiff Annette Barnes, an ACC employee, sued under the Arkansas Whistle-Blower Act (AWBA), alleging retaliatory termination for protesting discrimination and participating in an investigation.
- Barnes sought damages, reinstatement, attorneys' fees, and other relief under the AWBA.
- Arkansas Community Correction (ACC) answered and asserted sovereign immunity as an affirmative defense, then moved for judgment on the pleadings under Ark. R. Civ. P. 12(c).
- The Pulaski County Circuit Court denied ACC's motion; ACC appealed interlocutorily under Ark. R. App. P.–Civ. 2(a)(10) (orders denying motions based on sovereign immunity).
- The Arkansas Supreme Court reviewed de novo and, relying on Board of Trustees v. Andrews, held that the General Assembly cannot validly waive the State's sovereign immunity by statute (including the AWBA), reversed the trial court, and dismissed Barnes’s suit.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Barnes may sue ACC under the AWBA despite state sovereign immunity | Barnes contends AWBA waives sovereign immunity by authorizing suits against "public employers," allowing her damages and equitable relief | ACC argues it is a state agency entitled to sovereign immunity and the legislature cannot constitutionally waive that immunity via AWBA | Court held the legislature cannot waive the State's immunity under Art. 5 § 20; AWBA's waiver is unconstitutional — ACC immune; case dismissed |
| Whether the trial court erred denying judgment on the pleadings based on sovereign immunity | Barnes implicitly argues immunity is not a bar to her statutory claim | ACC contends judgment on the pleadings appropriate because sovereign immunity bars the claim as a matter of law | Court reversed trial court: judgment on the pleadings should have been entered for ACC |
Key Cases Cited
- Board of Trustees v. Andrews, 535 S.W.3d 616 (Ark. 2018) (interpreting Ark. Const. art. 5 § 20 to prohibit legislative abrogation of state sovereign immunity)
- Smith v. Daniel, 452 S.W.3d 575 (Ark. 2014) (discussing when authorizing suit against a "public employer" amounts to waiving sovereign immunity)
- Grimmett v. Digby, 589 S.W.2d 579 (Ark. 1979) (holding article 5 § 20 cannot be used to abridge right to jury trial absent constitutional amendment)
- Alden v. Maine, 527 U.S. 706 (1999) (discussing state sovereign immunity and that States may consent to suits by statute)