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SIMONS v. MARSHALL

No. 06-1087.

255 S.W.3d 838 (2007)

Dennis SIMONS, Individually and in his Official Capacity as an Arkansas State Trooper, Appellant, v. Barbara MARSHALL, Appellee.

Supreme Court of Arkansas.

April 26, 2007.

Attorney(s) appearing for the Case

Dustin McDaniel, Att'y Gen., by: Christopher R. Hart, Ass't Att'y Gen., Little Rock, for appellant.

Wilson Law Firm, P.A., by: E. Dion Wilson, Helena, for appellee.

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...

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