Fitzgiven v. Dorey

Appellants filed four separate cases stemming from the Arkansas Department of Education's (ADE) administrative supervision of the Pulaski County Special School District (PCSSD) after the district was found to be in fiscal distress. In each of the cases, ADE filed a motion to dismiss, asserting that Appellants' claims for relief were barred by sovereign immunity because the complaints were brought against ADE regarding matters allegedly done in furtherance of ADE's official duties. The circuit court granted the motion in each of the four cases. Appellants appealed, asserting, inter alia, that the circuit court erred in dismissing ADE from their actions because the complaints alleged exceptions to the doctrine of sovereign immunity. The Supreme Court affirmed, holding that the circuit court did not err in granting ADE's motions to dismiss, as none of the recognized exceptions to the sovereign immunity doctrine applied in these cases. View "Fitzgiven v. Dorey" on Justia Law