Mitchem v. Hobbs, 2014 Ark. 233

Mitchem pro se filed a declaratory-judgment petition in Jefferson County Circuit Court against ADC director, a warden, and parole-board members seeking immediate parole or transfer to ACC.
The circuit court dismissed the petition on appellees’ motion; Mitchem appealed the dismissal to the Arkansas Supreme Court.
Arkansas Parole Board required RSVP before parole/transfer; Mitchem asserted due process rights were violated.
Court analyzed whether the suit could proceed given sovereign-immunity defenses and lack of a justiciable claim.
Court treated declaratory-judgment claims as potential postconviction-relief actions and concluded no jurisdiction or relief could be granted.
Appellate opinion dismisses the appeal as moot and affirming dismissal.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether sovereign immunity bars the declaratory-judgment action.	Mitchem seeks relief against state officials.	Sovereign immunity bars suit against the State/agency.	Barred by sovereign immunity.
Whether declaratory relief could compel parole eligibility or immediate parole/transfer.	Parole eligibility is a due-process issue.	No constitutional right to parole; ADC controls eligibility.	No basis for declaratory relief; parole decisions rest with ADC.
Whether the declaratory-judgment prerequisites were met.	Pleading shows a justiciable controversy.	No justiciable controversy or adequate claim.	Prerequisites not satisfied; dismissal affirmed.
Whether the appeal is moot and should be dismissed.			Appeal dismissed; moot.

Cridge v. Hobbs, 2014 Ark. 153 (Ark. 2014) (sovereign-immunity exception and postconviction-petition context)
Gardner v. Hobbs, 2013 Ark. 439 (Ark. 2013) (per curiam; postconviction relief context)
Manning v. Norris, 2011 Ark. 439 (Ark. 2011) (no due-process parole-rights basis for declaratory relief)
McKinnon v. Norris, 366 Ark. 404 (Ark. 2006) (parole eligibility within ADC control; no court-based right)