It's Good to be King. Arkansas Sovereign Immunity Wins Again in Arkansas Community Corrections v. Barnes, 2018 Ark. 122.
The Arkansas Supreme Court made itself abundantly clear in a new opinion rendered this week. As stated in Arkansas Community Correction v. Barnes , 2018 Ark. 122 , the Court clearly meant its prior holding in Bd. of Trs. v. Andrews , 2018 Ark. 12, 535 S.W.3d 616 : you simply cannot sue the state of Arkansas. So, I guess it really is good to be king. This week's victim: The Arkansas Whistle-Blower Act. Here's some background: In Andrews , the Board of Trustees of the University of Arkansas argued that it was immune from suits for claims filed against it under the Arkansas Minimum Wage Act based on the doctrine of sovereign immunity. Andrews , 2018 Ark. 12, at 2-3. In Andrews , the Court held that the Arkansas General Assembly cannot waive the State's immunity, and any statute providing that the State could be made a defendant in a lawsuit goes beyond the scope of the legislature's power. The Arkansas Supreme Court reached this conclu