Vent v. Johnson

hi respectfully dissent. Immunity in this case is not an affirmative defense. The plain language of Arkansas Code Annotated section 21-9-301 (Repl.2004) provides not only immunity but also a substantive bar to suit where the school district is uninsured. “[Sjchool districts ... shall be immune from liability and from suit for damages.” Ark.Code Ann. § 21-9-301(a). Further, “no action shall lie.” Id. § 21 — 9—301(b). The preamble to Act 165 of 1969 that enacted section 21-9-301 reconfirms this conclusion. It declares that the public policy of the State is that “its political subdivisions shall…