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University of Arkansas for Medical Sciences v. Adams9/11/2003
sovereign immunity. See Chambers v. Stern, 347 Ark. 395, 64 S.W.3d 737 (2002); Ark. Tech Univ. v. Link, supra. As we explained in Arkansas Tech University v. Link, supra, "if a judgment for the plaintiff will operate to control the action of the State or subject it to liability, the suit is one against the State and is barred by the doctrine of sovereign immunity." 341 Ark. at 502, 17 S.W.3d at 813. See also Beaulieu v. Gray, supra. The General Assembly has provided that UAMS's costs and expenses will be borne by the State of Arkansas. Ark. Code Ann. § 6-64-403 (Repl. 1996). A finding for the appellee against UAMS would necessarily subject the State of Arkansas to financial liability. Sovereign immunity bars such an action unless it has been waived. Ark. Pub. Def. Comm'n v. Burnett, 340 Ark. 233, 12 S.W.3d 191 (2000); Office of Child Support Enf. v. Mitchell, 330 Ark. 338, 954 S.W.2d 907 (1997). No argument of waiver was made below or to this court. Adams has failed to follow the proper avenue for redress against State action, which is to file a claim with the Arkansas Claims Commission. Ark. Code Ann. § 19-10-204 (Supp. 2001); see e.g., Ark. Tech Univ. v. Link, supra.
We hold that the trial court erred in denying UAMS's motion to dismiss because UAMS, as a department of the University of Arkansas, is not an entity that can be sued. Further, the doctrine of sovereign immunity bars a claim against the University of Arkansas and its Board of Trustees.
Reversed and dismissed.
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