574 S.W.3d 653
Ark.2019Background
- David Singer, a former assistant in the Arkansas Treasurer's office, sued for defamation and later added an Arkansas Whistle-Blower Act (AWBA) claim seeking damages and reinstatement against Treasurer Dennis Milligan (official capacity).
- Singer filed multiple complaints; after federal removal of earlier pleadings, he filed a second amended complaint in Pulaski County naming Milligan in his official capacity and seeking monetary relief under the AWBA.
- Milligan moved to dismiss, asserting state sovereign immunity under Article 5, § 20 of the Arkansas Constitution; trial court denied the motion.
- Milligan appealed interlocutorily under Ark. R. App. P.–Civ. Rule 2(a)(10).
- The Arkansas Supreme Court concluded the AWBA’s legislative waiver of sovereign immunity conflicts with the state constitution as interpreted in Board of Trustees v. Andrews and Arkansas Community Correction v. Barnes and therefore the complaint is barred.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the AWBA waives sovereign immunity | Singer: statute waives immunity; governor’s signature evidences waiver; Article 2 rights override Article 5 immunity | Milligan: Article 5, § 20 bars suits against the State; suit against official in official capacity is suit against the State | Held: Waiver in AWBA is unconstitutional under Andrews/Barnes; sovereign immunity bars the claim |
| Whether sovereign immunity was waived by Milligan's prior pleadings | Singer: Milligan admitted jurisdiction earlier, so he waived immunity | Milligan: He preserved sovereign immunity in subsequent motions; earlier jurisdictional averments are immaterial | Held: No waiver; Milligan preserved the defense |
| Whether Article 2 (remedies) trumps Article 5 (immunity) | Singer: Article 2 §13 (remedy) and jury-trial provisions override §20 | Milligan: Article 5 §20’s plain language prohibits making the State a defendant; legislative waiver unconstitutional | Held: Court follows precedent rejecting supremacy of Article 2 over §20; Article 5 §20 controls |
| Whether suit against an official in official capacity avoids sovereign immunity | Singer: State not named; official-capacity suit is not same as suing the State | Milligan: Official-capacity damages would saddle the State with liability | Held: Official-capacity damages claims are effectively against the State and barred by sovereign immunity |
Key Cases Cited
- Bd. of Trustees of Univ. of Ark. v. Andrews, 2018 Ark. 12, 535 S.W.3d 616 (Ark. 2018) (held legislative waiver of sovereign immunity in state statute was repugnant to Article 5, § 20)
- Ark. Cmty. Corr. v. Barnes, 2018 Ark. 122, 542 S.W.3d 841 (Ark. 2018) (applied Andrews to hold AWBA-based suit barred by sovereign immunity)
- Bryant v. Ark. State Highway Comm'n, 233 Ark. 41, 342 S.W.2d 415 (1961) (recognized Article 5 sovereign-immunity provision and held Article 2 remedy provision does not automatically override it)
- Grimmett v. Digby, 267 Ark. 192, 589 S.W.2d 579 (1979) (explained Article 2 jury-trial and remedy provisions limit the legislature's ability to divert claims entirely to administrative forums)
- Short v. Westark Cmty. Coll., 347 Ark. 497, 65 S.W.3d 440 (2002) (official-capacity suit is a suit against the office/state)
- Ark. Pub. Def. Comm'n v. Greene Cty. Cir. Ct., 343 Ark. 49, 32 S.W.3d 470 (2000) (described Claims Commission as legislative mechanism addressing claims while preserving sovereign immunity)