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
Hart
On the bench
Baker, Hart, Kemp, Wood
Cited by
9 cases
Authority
More cited than 5.1%

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

Josephine Linker Hart, Justice dissenting.

The court failed to conduct a proper constitutional analysis in Board of Trustees v. Andrews , 2018 Ark. 12 , 535 S.W.3d 616 , and as a result, Andrews was wrongly decided. The Arkansas Constitution is a complex legal document that, to be properly interpreted, requires harmonizing a large number of related provisions. Wright v. Ward , 170 Ark. 464 , 467, 280 S.W. 369 , 370-71 (1926) ; see also Ark. Dep't of Comm. Corr. v. Barnes , 2018 Ark. 122 , 542 S.W.3d 841 (Hart, J., dissenting); City of Jacksonville v. Smith , 2018 Ark. 87 , 540 S.W.3d 661 (Hart J., dissenting); Bd. of Trs. v. Andrews , 2018 Ark. 12 , 535 S.W.3d 616 (Baker, J., dissenting). No majority opinion from this court has ever undertaken this type of analysis.

Despite the overbroad holding in Andrews , it does not annul the right of a citizen to seek redress in the courts of this state if a public official has engaged in an ultra vires act. This right is not affected *356 by article 5, section 20 and cannot be canceled by a decision of this court.

I submit that hiring a person and refusing to pay that person in accordance with the laws of this state is an ultra vires act. Article 2, section 8 of the Arkansas Constitution guarantees that no person shall be denied his property without due process of law. A person's lawfully earned wages are without question property. Accordingly, the circuit court did not err in refusing to dismiss this case pursuant to article 5, section 20.

I dissent.

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.