Cross v. Arkansas Livestock & Poultry Commission

943 S.W.2d 230, 328 Ark. 255, 12 I.E.R. Cas. (BNA) 1457, 1997 Ark. LEXIS 253
CourtSupreme Court of Arkansas
DecidedApril 28, 1997
Docket96-304
StatusPublished
Cited by39 cases

This text of 943 S.W.2d 230 (Cross v. Arkansas Livestock & Poultry Commission) is published on Counsel Stack Legal Research, covering Supreme Court of Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Cross v. Arkansas Livestock & Poultry Commission, 943 S.W.2d 230, 328 Ark. 255, 12 I.E.R. Cas. (BNA) 1457, 1997 Ark. LEXIS 253 (Ark. 1997).

Opinion

Donald L. Corbin, Justice.

Appellant Don Cross appeals the order of the Pulaski County Circuit Court granting summary judgment to Appellees Arkansas Livestock and Poultry Commission and Jack Gibson, Executive Director of the Commission, and dismissing Appellant’s due process claim arising out of his discharge from the Commission and his claim for tortious interference against Gibson. We affirm.

Facts and Procedural History

Appellant was discharged from the Commission by Appellee Gibson on May 24, 1994, after having worked for the state agency for approximately nine years. Appellant filed a complaint against the Commission and Gibson, individually and as Executive Director of the Commission, in the circuit court on November 8, 1994. The complaint alleged that Appellant had a property interest in his continued employment with the Commission and was entitled to notice and a hearing prior to his termination, pursuant to the Fourteenth Amendment to the United States Constitution, and that, additionally, Gibson had tortiously interfered with his contractual rights to continued employment with the Commission. Appellant sought relief from Appellees in the form of reinstatement of his employment, back pay, restitution of pension benefits, and damages for emotional distress. Appellant also sought punitive damages for his claim against Gibson.

Appellees moved to dismiss the complaint for lack of jurisdiction based on the doctrine of sovereign immunity, but the trial court denied the motion. Appellees then filed a motion for summary judgment and, after hearing argument from both sides, the trial court granted the motion and dismissed both claims with prejudice. Appellant appeals the decision of the trial court on both claims. Additionally, in the trial court, Appellant sought partial summary judgment against Appellees on the due process claim, but there is no indication in the abstract that the trial court ever ruled on Appellant’s motion. As it is the movant’s burden to obtain a ruling on his motion, we will not address this point of appeal. Southern Farm Bureau Cas. Ins. Co. v. Allen, 326 Ark. 1023, 934 S.W.2d 527 (1996).

Claim Against the State Commission

Before we address the merits of Appellant’s points of appeal, we must first address Appellees’ argument that the trial court lacked jurisdiction pursuant to Article 5, Section 20, of the Arkansas Constitution of 1874 to hear Appellant’s claim against the state agency.

Article 5, section 20, of the Arkansas Constitution provides that, “[t]he State of Arkansas shall never be made defendant in any of her courts.” This court has consistently interpreted this constitutional provision as a grant of sovereign immunity and a general prohibition against awards of money damages in lawsuits against the State of Arkansas and its institutions. See, e.g., Smith v. Denton, 320 Ark. 253, 895 S.W.2d 550 (1995); Fireman’s Ins. Co. v. Arkansas State Claims Comm’n, 301 Ark. 451, 784 S.W.2d 771, cert. denied, 498 U.S. 824 (1990). The doctrine of sovereign immunity is rigid and, as such, the immunity may be waived only in limited circumstances. State v. Staton, 325 Ark. 341, 942 S.W.2d 804 (1996). Sovereign immunity is jurisdictional immunity from suit. Department of Human Servs. v. Crunkleton, 303 Ark. 21, 791 S.W.2d 704 (1990). Simply put, where the suit is one against the State and there has been no waiver of immunity, the trial court acquires no jurisdiction. Staton, 325 Ark. 341, 942 S.W.2d 804.

In Fireman’s Ins. Co., 301 Ark. 451, 784 S.W.2d 771, this court discussed the nature of the State’s immunity from suit and this court’s historical interpretation of it:

The completeness of the intent of such immunity is best illustrated by the long and unequivocal line of cases expressly recognizing and protecting the immunity. As early as Pitcock v. State, 91 Ark. 527, 121 S.W. 742 (1913), this court held that the constitutional prohibition was not merely declaratory that the state could not be sued without her consent, but that all suits against the state were expressly forbidden. Further, where the pleadings show that the action is, in effect, one against the state, the trial court acquires no jurisdiction.
Extending this immunity to its next logical step, we held that where a suit is brought against an agency of the state with relation to some matter in which the defendant represents the state in action and liability, and the state, though not a party of record, is the real party in interest so that judgment for plaintiff would operate to control the action of the state or to subject the state to liability, the action is, in effect, one against the state and prohibited by the constitutional bar. Page v. McKinley, 196 Ark. 331, 118 S.W.2d 235 (1938). See also, Beaulieu v. Gray, 288 Ark. 395, 705 S.W.2d 880 (1986).

Id. at 455, 784 SW.2d at 773-74. This court has recognized exceptions to the doctrine of sovereign immunity where an act of the legislature has created a specific waiver of immunity, State v. Tedder, 326 Ark. 495, 932 S.W.2d 755 (1996), and where the State is the moving party seeking specific relief. Fireman’s Ins. Co., 301 Ark. 451, 784 S.W.2d 771; Parker v. Moore, 222 Ark. 811, 262 S.W.2d 891 (1953). Obviously, where the State is the moving party, it is prohibited from raising sovereign immunity as a defense to any counterclaim or offset. Parker, 222 Ark. 811, 262 S.W.2d 891.

Appellant has chosen not to respond directly to Appellees’ argument concerning lack of jurisdiction, but he maintains that jurisdiction is implied from Ark. Code Ann. § 19-4-1614(a) (Repl. 1994), which provides in pertinent part:

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943 S.W.2d 230, 328 Ark. 255, 12 I.E.R. Cas. (BNA) 1457, 1997 Ark. LEXIS 253, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cross-v-arkansas-livestock-poultry-commission-ark-1997.