ARKANSAS STATE HIGHWAY COMMISSION v. TRANSPORT REALTY, INC.; RUSSELL HILL, IN HIS OFFICIAL CAPACITY AS WASHINGTON COUNTY TAX ASSESSOR; ANGELA WOOD, IN HER OFFICIAL CAPACITY AS WASHINGTON COUNTY COLLECTOR; CERTAIN LANDS .37 ACRES, MORE OR LESS, IN WASHINGTON COUNTY, AND ANY PERSONS OR Entities Claiming Any Interest Therein

Opinion

Cite as 2026 Ark. 99 SUPREME COURT OF ARKANSAS No. CV-26-206

Opinion Delivered: May 7, 2026 ARKANSAS STATE HIGHWAY COMMISSION PETITIONER DISSENTING OPINION FROM THE DENIAL OF PETITION FOR WRIT OF PROHIBITION AND WRIT OF V. CERTIORARI.

TRANSPORT REALTY, INC.; RUSSELL HILL, IN HIS OFFICIAL CAPACITY AS WASHINGTON COUNTY TAX ASSESSOR; ANGELA WOOD, IN HER OFFICIAL CAPACITY AS WASHINGTON COUNTY COLLECTOR; CERTAIN LANDS .37 ACRES, MORE OR LESS, IN WASHINGTON COUNTY, AND ANY PERSONS OR ENTITIES CLAIMING ANY INTEREST THEREIN RESPONDENTS

NICHOLAS J. BRONNI, Associate Justice

Respondent Transport Realty’s section 1983 counterclaim is frivolous—and

everyone knows it. We should grant the petition, say so, and move on.

“[N]either a State nor its officials acting in their official capacities are ‘persons’ under

§ 1983,” and as such, a 1983 claim—like Respondent’s counterclaim—against a state agency

plainly fails. Will v. Michigan Dep’t of State Police, 491 U.S. 58, 71 (1989); see Ark. Hwy.

Police v. Mays, 2026 Ark. 57, at 5, ___ S.W.3d ___, ___. Yet the circuit court entered a

massive $5 million default judgment on Respondent’s 1983 claim against a state agency. That’s not a reasonable misinterpretation of section 1983—it’s a “plain, manifest, clear, and

gross abuse of discretion.” Spencer v. State, 2025 Ark. 91, at 6, 712 S.W.3d 296, 302

(standard for granting certiorari). And requiring the State to continue litigating a patently

bad-faith claim serves no purpose beyond needlessly wasting resources and inviting others

to try and hoodwink the taxpayers.

I respectfully dissent.

WOMACK, J., joins.