Bd. of Trustees v. Burcham
2014 Ark. 61
| Ark. | 2014Background
- Mike Burcham sued the Board of Trustees of the University of Arkansas (the University) alleging wrongful termination, asserting violations of public policy, procedural due process, and the First Amendment, and seeking money damages.
- Burcham’s amended complaint alleged the University failed to follow grievance procedures in the employee handbook.
- The University moved to dismiss under Ark. R. Civ. P. 12(b)(6), arguing sovereign immunity barred the suit.
- The Crawford County Circuit Court denied the motion, finding the handbook grievance-allegation waived sovereign immunity.
- The University appealed to the Arkansas Supreme Court, which reviewed jurisdictional immunity based solely on the pleadings.
- The Supreme Court reversed, holding sovereign immunity barred Burcham’s suit for monetary damages because no applicable waiver or exception was pleaded.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the suit against the University is barred by sovereign immunity | Burcham: University waived immunity by failing to follow handbook grievance procedures and acted ultra vires, arbitrarily, capriciously, and in bad faith | University: Article 5, § 20 bars suit against the State/university; no statutory waiver and exceptions do not apply to damages claims | Held: Sovereign immunity bars the suit; complaint seeks only monetary relief and no waiver applies |
| Whether the ultra vires/illegal-act exception allows damages relief | Burcham: Ultra vires and unconstitutional conduct permits suit and damages | University: Exception, if any, only permits injunctive relief, not damages | Held: Exception limited to injunctive relief; cannot sustain damages claim |
| Whether pleading handbook/grievance violations suffices to plead an injunctive claim that overcomes immunity | Burcham: Handbook allegation supports injunctive relief and waiver | University: Complaint pleads only damages despite a cursory request to "enjoin"; no substantive injunctive relief alleged | Held: Pleadings do not properly state an injunctive claim; only monetary damages were pleaded |
| Whether the circuit court had jurisdiction over the claim | Burcham: Circuit court retained jurisdiction because exceptions applied | University: Circuit court lacked jurisdiction because suit is effectively against the State | Held: No jurisdiction; circuit court erred in denying the motion to dismiss |
Key Cases Cited
- Arkansas Tech Univ. v. Link, 341 Ark. 495, 17 S.W.3d 809 (Ark. 2000) (treatment of pleadings on Rule 12(b)(6) and sovereign-immunity principles)
- Milberg, Weiss, Bershad, Hynes & Lerach, LLP v. State, 342 Ark. 303, 28 S.W.3d 842 (Ark. 2000) (sovereign immunity arises from Ark. Const. art. 5, § 20)
- State Comm’r of Labor v. Univ. of Ark., 241 Ark. 399, 407 S.W.2d 916 (Ark. 1966) (suit against university board is suit against the State)
- Arkansas State Game & Fish Comm’n v. Eubank, 256 Ark. 930, 512 S.W.2d 540 (Ark. 1974) (injunctive relief allowed where agency acts ultra vires or in bad faith)