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 12דArk. 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 2דWe 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 2דSection 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 2דHowever, 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.”
McCuen v. Harris, 902 S.W.2d 793 (Ark. 1995). · cites it 2דA 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.”
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 2דArk. 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 2ד” 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 2דArk. 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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