Wilson v. Ark. Dep't of Human Servs.
562 S.W.3d 201
Ark.2018Background
- DHS petitioned (Feb 29, 2016) for an ex parte order of investigation under the Child Maltreatment Act after a report of physical abuse of Wilson’s minor child; the court granted the order requiring home inspection and examination of the child.
- DHS attempted service in March 2016; Wilson refused access and DHS did not further enforce or enter the home.
- Wilson filed a counterclaim and third-party complaint (June 25, 2016) seeking declaratory and injunctive relief, alleging several Child Maltreatment Act provisions violated the Fourth, Fifth, and Fourteenth Amendments and separation-of-powers principles; she sought to vacate the investigation order and sought relief on behalf of similarly situated persons.
- The State moved to dismiss the third-party complaint based on sovereign immunity; the circuit court granted that motion and dismissed the State as a defendant without prejudice (March 9, 2017).
- DHS moved to dismiss the counterclaim and to vacate the investigation order; after hearings the circuit court denied Wilson’s constitutional claims, granted DHS’s motion to dismiss the counterclaim, and vacated the investigation order (July 21, 2017). Wilson appealed, but did not challenge the merits ruling on declaratory/injunctive relief—she argued on appeal that the circuit court lacked subject-matter jurisdiction because DHS was entitled to sovereign immunity.
- The Arkansas Supreme Court affirmed, holding Wilson failed to preserve the sovereign-immunity argument for appeal because neither party raised it below as to DHS and it was not ruled on by the circuit court.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether circuit court lacked jurisdiction because DHS is protected by sovereign immunity | Wilson: Article 5, § 20 bars suit against the State/its agencies; court therefore lacked jurisdiction and ruling is void | DHS: Sovereign-immunity argument was not raised below as to DHS; it is an affirmative defense that must be preserved; plus the court already vacated the investigatory order making the appeal moot | Court: Affirmed—Wilson failed to preserve sovereign-immunity claim for appeal; issue not raised or decided below, so appellate review is unavailable |
| Whether Wilson’s counterclaim was moot after vacatur of the investigation order | Wilson: Declaratory relief not moot even if order vacated | DHS: Vacatur rendered claim moot and sought dismissal | Court: Did not rest decision solely on mootness; affirmed based on preservation failure |
| Proper procedural vehicle to challenge investigation order | Wilson: Counterclaim for declaratory/injunctive relief was proper | DHS: Challenge should have been by stay pending hearing as authorized by statute; counterclaim procedurally improper | Circuit court addressed and rejected Wilson’s constitutional claims on the merits, but appellate disposition rests on preservation of sovereign-immunity issue |
| Whether sovereign immunity is jurisdictional or an affirmative defense | Wilson: Characterizes immunity as jurisdictional, reviewable on appeal | DHS and majority: Treat sovereign immunity as an affirmative defense requiring preservation | Court: Adopted the affirmative-defense approach (citing Walther/FLIS), so issue waived when not raised below |
Key Cases Cited
- Bd. of Trs. v. Andrews, 535 S.W.3d 616 (Ark. 2018) (legislature cannot waive state constitutional sovereign-immunity provision)
- Walther v. FLIS Enters., Inc., 540 S.W.3d 264 (Ark. 2018) (sovereign immunity treated as affirmative defense that must be raised below to preserve issue)
- Arkansas Dep’t of Veterans Affairs v. Mallett, 549 S.W.3d 351 (Ark. 2018) (addresses application of sovereign immunity doctrine and its effect on later litigation)
- Marbury v. Madison, 5 U.S. (1 Cranch) 137 (1803) (courts have authority and duty to declare statutes unconstitutional)
- Rison v. Farr, 24 Ark. 161 (Ark. 1865) (Arkansas precedent recognizing judicial authority to test statutes against the constitution)