The court held that the plaintiff’s illegal-exaction claim survives sovereign immunity because Article 16, Section 13 of the Arkansas Constitution authorizes suits against illegal governmental charges.
The court also held that state sovereign immunity cannot categorically bar the plaintiff’s federal due-process claim.
However, the court reversed and dismissed the plaintiff’s state-law claim under the Arkansas Civil Rights Act.
The opinion was delivered by Associate Justice Shawn A. Womack on April 23, 2026.
The case is Garland County District Court v. Mercer, No. CV-25-319.