Simons v. Marshall

Donald L. Corbin, Justice.

Appellant Dennis Simons brings this interlocutory appeal from an order of the Phillips County Circuit Court denying his motion to dismiss Appellee Barbara Marshall’s complaint. On appeal, Simons argues that it was error to deny his motion to dismiss because: (1) he, in his official capacity, is immune from suit pursuant to article 5, section 20, of the Arkansas Constitution; (2) he, in his official capacity, is not a “person” as the term is used in the Arkansas Civil Rights Act of 1993, codified at Ark. Code Ann. §§ 16-123-101 — 108 (Supp. 2003); and (3) Marshall’s…