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.