Arkansas Code Annotated

Ark. Code Ann. § 16-123-104 (2020)

Construction

✓ Arkansas Code release r76: Acts through about 2020 (2021-2025 sessions missing)
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Nothing in this subchapter shall be construed to waive the sovereign immunity of the State of Arkansas.

History. Acts 1993, No. 962, § 7.

Publisher's Notes. This section was formerly codified as § 16-123-109.

Case Notes

Dismissal Improperly Denied.

In a civil rights action against a state trooper, a trial court erred by denying the trooper's motion to dismiss because he was immune from liability under Ark. Const. art. 5, § 20 in his official capacity since there was no waiver of sovereign immunity under § 16-123-104; the action was tantamount to one against the State itself. Simons v. Marshall, 369 Ark. 447, 255 S.W.3d 838 (2007).

Cited: Smith v. Daniel, 2014 Ark. 519, 452 S.W.3d 575 (2014); Ark. State Med. Bd. v. Byers, 2017 Ark. 213, 521 S.W.3d 459 (2017).

Notes of Decisions
Cited in 14 cases (3 in the last 5 years), 1995–2025 · leading case: Smith v. Daniel, 2014 Ark. 519, 452 S.W.3d 575.
Smith v. Daniel, 2014 Ark. 519, 452 S.W.3d 575. · cites it 12× “Ark. Code Ann. § 16-123-104 . . . . Thus, Daniel’s claims of retaliation, race, and gender discrimination against Defendants in their official capacities under ACRA are claims against the State of Arkansas, and the State of Arkansas has not consented to suit.”
Arkansas State Med. Bd. v. Byers, 2017 Ark. 213, 521 S.W.3d 459. · cites it 2× “We note that section 16-123-104 states that "[njothing in [the Arkansas Civil Rights Act] shall be construed to waive the sovereign immunity of the State of Arkansas.”
Simons v. Marshall, 255 S.W.3d 838 (Ark. 2007). · cites it 2× “Section 16-123-104, provides that “[n]othing in this subchapter shall be construed to waive the sovereign immunity of the State of Arkansas.”
Short v. Westark Cmty. Coll., 65 S.W.3d 440 (Ark. 2002). · cites it 2× “However, the legislature specifically stated in Section 16-123-104 that “[n]othing in this subchapter shall be construed to waive the sovereign immunity of the State of Arkansas.”
Brown v. Arkansas State Heating, Ventilation, Air Conditioning & Refrigeration (HVACR) Licensing Bd., 984 S.W.2d 402 (Ark. 1999). · cites it 2× “” Ark. Code Ann. § 16-123-104 (Supp. 1997).”
McCuen v. Harris, 902 S.W.2d 793 (Ark. 1995). · cites it 2× “A thorough reading of the Act, and, in particular, sections 16-123-104 and 105, shows that its purpose is to protect individuals or certain groups from harassment and from discrimination in employment, use of accommodations, property and credit transactions, and voting.”
Morrow v. City of Jacksonville, Ark., 941 F. Supp. 816 (E.D. Ark. 1996). “as more fully described in A.C.A. 16-123-104; and 3) several types of discrimination as more fully set out in A.”
Lenzy McCullough v. Vernon L. Horton, 69 F.3d 918 (8th Cir. 1995). “5, § 20; Ark. Code Ann. § 16-123-104 (Michie Supp.”
Walker v. Arkansas Dep't of Corr., 669 F. App'x 335 (8th Cir. 2016). “See Ark. Code Ann. § 16-123-104 (ACRA does not waive sovereign immunity); Baker v.”
Brazil v. Arkansas Dep't of Human Servs., No. 5:19-cv-00087 (E.D. Ark. Sept. 24, 2020). · cites it 2× “Ark. Code Ann. § 16-123-104 (“Nothing in this subchapter shall be construed to waive the sovereign immunity of the State of Arkansas.”
Roberts v. Arkansas Dep't of Workforce Servs., No. 4:17-cv-00793 (E.D. Ark. Apr. 17, 2019). · cites it 2× “” Ark. Code Ann. § 16-123-104 . Arkansas has not waived sovereign immunity in ACRA cases.”
Engen v. Bd. of Trs. of the Univ. of Arkansas, No. 5:24-cv-05180 (W.D. Ark. June 30, 2025). · cites it 2× “Ark. Code Ann. § 16-123-104 . ACRA claims against the State of Arkansas, state agencies, or state employees in their official capacities are barred by sovereign immunity.”
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