Arkansas § 16-123-604 Remedies

Arkansas Statutes

§ 16-123-604 — Remedies

Arkansas § 16-123-604

Title16

This text of Arkansas § 16-123-604 (Remedies) is published on Counsel Stack Legal Research, covering Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ark. Code Ann. § 16-123-604 (2026).

Text

(a)A person may assert a violation of this subchapter as a claim against the state government in any judicial or administrative proceeding or as a defense in any judicial or administrative proceeding without regard to whether the judicial or administrative proceeding is brought by or in the name of the state government, any private person, or any other party.

(b)An action under this subchapter may be commenced, and relief may be granted, in a court of the state without regard to whether the person commencing the action has sought or exhausted available administrative remedies.

(c)(1) A person who successfully asserts a claim or defense under this subchapter may recover declaratory relief, injunctive relief, reasonable attorney's fees and costs, and any other appropriate relief.

(2)Only

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(a) A person may assert a violation of this subchapter as a claim against the state government in any judicial or administrative proceeding or as a defense in any judicial or administrative proceeding without regard to whether the judicial or administrative proceeding is brought by or in the name of the state government, any private person, or any other party. (b) An action under this subchapter may be commenced, and relief may be granted, in a court of the state without regard to whether the person commencing the action has sought or exhausted available administrative remedies. (c) (1) A person who successfully asserts a claim or defense under this subchapter may recover declaratory relief, injunctive relief, reasonable attorney's fees and costs, and any other appropriate relief. (2) Only declaratory relief and injunctive relief shall be available against a private person not acting under color of state law upon a successful assertion of a defense under this subchapter. (d) A person may not bring an action to assert a claim under this subchapter later than two (2) years after the date that the person knew or should have known that a discriminatory action was taken against that person. (e) For the provision of equitable relief, including reasonable attorney's fees and costs, sovereign, governmental, and qualified immunities to suit and from liability are waived and abolished to the extent of liability created by this subchapter.