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KELLY v. STATE

No. 78-303.

578 S.W.2d 566 (1979)

Spencer KELLY, Petitioner, v. STATE of Arkansas and Warren E. Wood, Circuit Judge of the Sixth Judicial Circuit of the State of Arkansas, 2nd Division, Respondent.

Supreme Court of Arkansas.

Rehearing Denied April 23, 1979.

Attorney(s) appearing for the Case

Bill Clinton, Atty. Gen, by Jesse L. Kearney, Asst. Atty. Gen, Little Rock, for respondent.

Haskins, Eubanks & Wilson, by Gary L. Eubanks, Little Rock, for petitioner.

BYRD, Justice.

In seeking this Writ of Prohibition, Petitioner Spencer Kelly, a state trooper, contends that a state trooper, as an officer of the State of Arkansas, cannot be sued for damages that result from an automobile collision with a state trooper car. Specifically, petitioner relies upon Ark.Const. Art. 5 § 20 which provides:

"The State of Arkansas shall never be made defendant in any of her courts."

The facts giving rise to this controversy...

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