Opinion

Ark. Dep't of Veterans Affairs v. Mallett

  • 549 S.W.3d 351
Court
Supreme Court of Arkansas
Filed
Jun 21, 2018
Status
Published
Author
Kemp
On the bench
Baker, Hart, Kemp, Wood
Cited by
9 cases

dismissing based on sovereign immunity despite the failure to raise the issue as an affirmative defense

How later courts described this case

  • dismissing based on sovereign immunity despite the failure to raise the issue as an affirmative defense

Written by the judges who cited it.

The opinion

John Dan Kemp, Chief Justice, concurring.

I agree with the majority's conclusion that we must reverse and dismiss this case pursuant to article 5, section 20 of the Arkansas Constitution. I write separately to state that the people of Arkansas have the ability by constitutional amendment to decide the rights and privileges granted in their fundamental document.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.