claim of sovereign immunity (Arkansas) · Go Syfert
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claim of sovereign immunity in Arkansas

33 Arkansas opinions name it 3 courts 2000–2025 7 in the last five years

The cases below were cited by Arkansas courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (6)

CaseFollowedCited
Arkansas Department of Community Correction v. City of Pine Bluffgreen
ark · 2013 · cited in 5 Arkansas opinions naming this issue, 2013–2014
2 sentences

2014See id.

2014Id.

25
Short v. Westark Community Collegegreen
ark · 2002 · cited in 3 Arkansas opinions naming this issue, 2002–2013
2 sentences

2013Eddings, 2011 Ark. 47 , at 6 n. 2, 378 S.W.3d at 698 n. 2 (citing Short v. Westark Cmty. Coll., 347 Ark. 497, 504 , 65 S.W.3d 440, 445 (2002); LandsnPulaski, 372 Ark. at 43 , 269 S.W.3d at 795 ).

2013Eddings, 2011 Ark. 47 , at 6 n. 2, 378 S.W.3d at 698 n. 2 (citing Short v. Westark Cmty. Coll., 347 Ark. 497, 504 , 65 S.W.3d 440, 445 (2002); LandsnPulaski, 372 Ark. at 43 , 269 S.W.3d at 795 ).

23
Bd. of Trustees v. Burchamgreen
ark · 2014 · cited in 3 Arkansas opinions naming this issue, 2014–2017
2 sentences

2017Id.; Burcham, supra. We have recognized three ways in which a claim of sovereign immunity may be surmounted: (1) where the State is the moving party seeking specific relief; (2) where an act of the legislature has created a specific waiver of sovereign immunity; and (3) where the state agency is acting illegally, unconstitutionally, or a state-agency officer refuses to do a 8 Cite as 2017 Ark. 209 purely ministerial action required by statute.

2016Bd. of Trs. v. Burcham, 2014 Ark. 61 .

13
Arkansas Game & Fish Commission v. Eddingsgreen
ark · 2011 · cited in 2 Arkansas opinions naming this issue, 2013–2014
2 sentences

2014Game & Fish Comm’n v. Eddings, 2011 Ark. 47, at 6 , 378 S.W.3d 694, 698 (internal citations omitted).

2014Game & Fish Comm’n v. Eddings, 2011 Ark. 47, at 6 , 378 S.W.3d 694, 698 (internal citations omitted).

12
Simons v. Marshallgreen
ark · 2007 · cited in 1 Arkansas opinions naming this issue, 2017–2017
2 sentences

2017See Simons v. Marshall, 369 Ark. 447 , 255 S.W.3d 838 (2007).

2017See Simons v. Marshall, 369 Ark. 447 , 255 S.W.3d 838 (2007).

11
State v. Gossgreen
ark · 2001 · cited in 1 Arkansas opinions naming this issue, 2001–2001
2 sentences

2001See State v. Goss, 344 Ark. 523 , 527 . 42 S.W.3d 440 (2001) ("This court has recognized only two ways in which a claim of sovereign immunity may be surmounted: (1) where the state is the moving party seeking specific relief; and (2) where an act of the legislature has created a specific waiver of immunity.").

2001See State v. Goss, 344 Ark. 523 , 527 . 42 S.W.3d 440 (2001) ("This court has recognized only two ways in which a claim of sovereign immunity may be surmounted: (1) where the state is the moving party seeking specific relief; and (2) where an act of the legislature has created a specific waiver of immunity.").

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Arkansas. Read the followed side critically anyway.

Also cited on this issue (16)

CaseCitedYears
State v. Mitchell red
ark · 1997
2 sentences

2008Id. *Page 4 (Emphasis added.) Accord Arkansas Public Defender Commission v. Burnett , 340 Ark. 233 , 12 S.W.3d 191 (2000); Cross v. Arkansas Livestock Poultry Comm'n , 328 Ark. 255 , 943 S.W.2d 230 (1997); Fireman's Ins.

2007Id.

62000–2008
Malik Muntaqim, Adc 088633 v. Wendy Kelley, Director, Arkansas Department of Correction green
arkctapp · 2022
2 sentences

2025Id. at 7, 641 S.W.3d at 42 .

2024Id. at 7, 641 S.W.3d at 42 .

52024–2025
THE BOARD OF TRUSTEES OF THE UNIVERSITY OF ARKANSAS v. MATTHEW ANDREWS green
ark · 2018
2 sentences

2018This court has recognized that a claim of sovereign immunity may be surmounted in the following three instances: (1) when the State is the moving party seeking specific relief; (2) when an act of the legislature has created a specific waiver of sovereign immunity; and (3) when the state agency is acting illegally or if a state agency officer refuses to do a purely ministerial action required by statute. 2018 Ark. 12 , at 5-6, 535 S.W.3d 616 (internal citations omitted).

2018This court has recognized that a claim of sovereign immunity may be surmounted in the following three instances: (1) when the State is the moving party seeking specific relief; (2) when an act of the legislature has created a specific waiver of sovereign immunity; and (3) when the state agency is acting illegally or if a state agency officer refuses to do a purely ministerial action required by statute. 2018 Ark. 12 , at 5-6, 535 S.W.3d 616 (internal citations omitted).

32018–2018
Mitchem v. Hobbs green
ark · 2014
2 sentences

2017Mitchem, 2014 Ark. 233, at 3-5 , 2014 WL 2019278 .

2014This court has recognized three ways in which a claim of sovereign immunity may be surmounted: when the State is the moving party seeking specific relief, when an act of the 3 Cite as 2014 Ark. 233 legislature has created a specific waiver of sovereign immunity, and when the state agency is acting illegally or if a state-agency officer refuses to do a purely ministerial action required by statute.

22014–2017
Arkansas Department of Human Services v. Fort Smith School District green
ark · 2015
2 sentences

2016Article 5, § 20 of the Arkansas Constitution states, “The State of Arkansas shall never be made a defendant in any of her courts.” In Arkansas Department of Human Services. v. Fort Smith School District, 2015 Ark. 81, at 6-7 , 455 S.W.3d 294, 299 , we stated: This court has recognized three ways in which a claim of sovereign immunity may be waived: - (1) where the State is the moving party seeking specific relief; (2) where an- act of the legislature has created a specific waiver of sovereign immunity; and (3) where the state agency is acting illegally or if a state-agency officer refuses to d

2016Article 5, § 20 of the Arkansas Constitution states, “The State of Arkansas shall never be made a defendant in any of her courts.” In Arkansas Department of Human Services. v. Fort Smith School District, 2015 Ark. 81, at 6-7 , 455 S.W.3d 294, 299 , we stated: This court has recognized three ways in which a claim of sovereign immunity may be waived: - (1) where the State is the moving party seeking specific relief; (2) where an- act of the legislature has created a specific waiver of sovereign immunity; and (3) where the state agency is acting illegally or if a state-agency officer refuses to d

22015–2016
Landsnpulaski, LLC v. Arkansas Department of Correction green
ark · 2007
2 sentences

2013Eddings, 2011 Ark. 47 , at 6 n. 2, 378 S.W.3d at 698 n. 2 (citing Short v. Westark Cmty. Coll., 347 Ark. 497, 504 , 65 S.W.3d 440, 445 (2002); LandsnPulaski, 372 Ark. at 43 , 269 S.W.3d at 795 ).

2013Eddings, 2011 Ark. 47 , at 6 n. 2, 378 S.W.3d at 698 n. 2 (citing Short v. Westark Cmty. Coll., 347 Ark. 497, 504 , 65 S.W.3d 440, 445 (2002); LandsnPulaski, 372 Ark. at 43 , 269 S.W.3d at 795 ).

22011–2013
Malik Muntaqim v. Dexter Payne and Wendy Kelley, Directors, Arkansas Department of Correction; Anthony Jackson, Deputy Warden of the Ouachita River Correctional Unit; Steve Outlaw, Deputy Warden; Chris Menotti, Sergeant; Willie Moore, Chaplain; Dan Flora, Chaplain; James Gibson, Warden of the Varner Supermax Unit; And Virginia Allen, Mailroom Supervisor, All in Their Individual and Official Capacities green
ark · 2021
2 sentences

2022Id., 628 S.W.3d at 635 .

2022Id., 628 S.W.3d at 635 .

12022–2022
Arkansas State Medical Board v. Byers green
ark · 2017
1 sentence

2021Id.

12021–2021
Ark. State Police Ret. Sys. v. Sligh green
ark · 2017
1 sentence

2017Id.; Burcham, supra. We have recognized three ways in which a claim of sovereign immunity may be surmounted: (1) where the State is the moving party seeking specific relief; (2) where an act of the legislature has created a specific waiver of sovereign immunity; and (3) where the state agency is acting illegally, unconstitutionally, or a state-agency officer refuses to do a 8 Cite as 2017 Ark. 209 purely ministerial action required by statute.

12017–2017
Kelley v. Johnson green
ark · 2016
2 sentences

2016This court has recognized three ways 9 Cite as 2016 Ark. 268 in which a claim of sovereign immunity may be surmounted: (1) the State is the moving party seeking specific relief; (2) an act of the legislature has created a specific waiver of sovereign immunity; or (3) the state agency is acting illegally, unconstitutionally, or if a state-agency officer refuses to do a purely ministerial action required by statute.

2016Furthermore, an order denying a motion for a protective order may be appealed on an 36 Cite as 2016 Ark. 268 interlocutory basis.

12016–2016
Duit Construction Co v. Arkansas State Claims Commission neutral
ark · 2015
1 sentence

2015We have recognized three ways in which a claim of sovereign immunity may be surmounted: (1) where the State is the moving party seeking specific relief; (2) where an act of the legislature has created a specific waiver of sovereign immunity; and (3) where the state 5 Cite as 2015 Ark. 462 agency is acting illegally, unconstitutionally, or if a state-agency officer refuses to do a purely ministerial action required by statute.1 See Duit I, 2014 Ark. 432 , 445 S.W.3d 496 .

12015–2015
Arkansas State Claims Commission v. Duit Construction Co. green
ark · 2014
2 sentences

2015We have recognized three ways in which a claim of sovereign immunity may be surmounted: (1) where the State is the moving party seeking specific relief; (2) where an act of the legislature has created .a specific waiver of sovereign immunity; and (3) where the state | fiagency is acting illegally, unconstitutionally, or if a state-agency officer refuses .to do a, purely ministerial action required by statute. 1 See Duit I, 2014 Ark. 432 , 445 S.W.3d 496 .

2015We have recognized three ways in which a claim of sovereign immunity may be surmounted: (1) where the State is the moving party seeking specific relief; (2) where an act of the legislature has created .a specific waiver of sovereign immunity; and (3) where the state | fiagency is acting illegally, unconstitutionally, or if a state-agency officer refuses .to do a, purely ministerial action required by statute. 1 See Duit I, 2014 Ark. 432 , 445 S.W.3d 496 .

12015–2015
Arkansas Tech University v. Link green
ark · 2000
2 sentences

2014See Board of Trustees of the Univ. of Arkansas v. Burcham, 2014 Ark. 61 , 2014 WL 585981 ; Arkansas Dep’t of Cmty. Corr., 2013 Ark. 36 , 425 S.W.3d 731 ; Arkansas Tech Univ. v. Link, 341 Ark. 495 , 17 S.W.3d 809 (2000).

2014See Board of Trustees of the Univ. of Arkansas v. Burcham, 2014 Ark. 61 , 2014 WL 585981 ; Arkansas Dep’t of Cmty. Corr., 2013 Ark. 36 , 425 S.W.3d 731 ; Arkansas Tech Univ. v. Link, 341 Ark. 495 , 17 S.W.3d 809 (2000).

12014–2014
Smith v. Daniel green
ark · 2014
1 sentence

2014“This court has recognized three ways in which a claim of sovereign immunity may be surmounted: (1) where the State is the moving party seeking specific 24 Cite as 2014 Ark. 519 relief; (2) where an act of the legislature has created a specific waiver of sovereign immunity; and (3) where the state agency is acting illegally or if a state agency officer refuses to do a purely ministerial action required by statute.” Ark.

12014–2014
Arkansas Public Defender Commission v. Burnett green
ark · 2000
2 sentences

2008Id. *Page 4 (Emphasis added.) Accord Arkansas Public Defender Commission v. Burnett , 340 Ark. 233 , 12 S.W.3d 191 (2000); Cross v. Arkansas Livestock Poultry Comm'n , 328 Ark. 255 , 943 S.W.2d 230 (1997); Fireman's Ins.

2008Id. *Page 4 (Emphasis added.) Accord Arkansas Public Defender Commission v. Burnett , 340 Ark. 233 , 12 S.W.3d 191 (2000); Cross v. Arkansas Livestock Poultry Comm'n , 328 Ark. 255 , 943 S.W.2d 230 (1997); Fireman's Ins.

12008–2008
Cross v. Arkansas Livestock & Poultry Commission green
ark · 1997
2 sentences

2008Id. *Page 4 (Emphasis added.) Accord Arkansas Public Defender Commission v. Burnett , 340 Ark. 233 , 12 S.W.3d 191 (2000); Cross v. Arkansas Livestock Poultry Comm'n , 328 Ark. 255 , 943 S.W.2d 230 (1997); Fireman's Ins.

2008Id. *Page 4 (Emphasis added.) Accord Arkansas Public Defender Commission v. Burnett , 340 Ark. 233 , 12 S.W.3d 191 (2000); Cross v. Arkansas Livestock Poultry Comm'n , 328 Ark. 255 , 943 S.W.2d 230 (1997); Fireman's Ins.

12008–2008

Statutes the citing opinions construe

AR § Ark. Code Ann. § 20 (30) USC § 42u.s.c.1983 (9) AR § Ark. Code Ann. § 16 (7) AR § Ark. Code Ann. § 16-123-105 (5) AR § Ark. Code Ann. § 16-68-607 (5) AR § Ark. Code Ann. § 19-10-305 (5) AR § Ark. Code Ann. § 19-10-204 (4) AR § Ark. Code Ann. § 13 (3) AR § Ark. Code Ann. § 16-123-101 (3) AR § Ark. Code Ann. § 16-123-104 (3) AR § Ark. Code Ann. § 25-15-202 (3) AR § Ark. Code Ann. § 25-15-212 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

AR 33 (2000–2025) TX 18 (1999–2025) CT 12 (1974–2024) CA 12 (1931–2023) GA 9 (1997–2019) FL 6 (2009–2021) VA 4 (1995–2024) OH 4 (1974–2023) WA 3 (1985–2024) KY 3 (1936–2024) PA 3 (1975–2024) MD 3 (1990–2009) MT 3 (1998–2023) CO 3 (1995–2025) MO 2 (2003–2003) NY 2 (1953–1975) WY 2 (1980–2021)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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