Cite as 2026 Ark. 99
SUPREME COURT OF ARKANSAS
No. CV-26-206
ARKANSAS STATE HIGHWAY
COMMISSION
PETITIONER
V.
TRANSPORT REALTY, INC.;
RUSSELL HILL, IN HIS OFFICIAL
CAPACITY AS WASHINGTON
COUNTY TAX ASSESSOR; ANGELA
WOOD, IN HER OFFICIAL
CAPACITY AS WASHINGTON
COUNTY COLLECTOR; CERTAIN
LANDS .37 ACRES, MORE OR LESS,
IN WASHINGTON COUNTY, AND
ANY PERSONS OR ENTITIES
CLAIMING ANY INTEREST
THEREIN
RESPONDENTS
Opinion Delivered: May 7, 2026
DISSENTING OPINION FROM THE
DENIAL OF PETITION FOR WRIT
OF PROHIBITION AND WRIT OF
CERTIORARI.
NICHOLAS J. BRONNI, Associate Justice
Respondent Transport Realty's section 1983 counterclaim is frivolous—and everyone knows it. We should grant the petition, say so, and move on.
"[N]either a State nor its officials acting in their official capacities are 'persons' under § 1983," and as such, a 1983 claim—like Respondent's counterclaim—against a state agency plainly fails. Will v. Michigan Dep't of State Police, 491 U.S. 58, 71 (1989); see Ark. Hwy. Police v. Mays, 2026 Ark. 57, at 5, ___ S.W.3d ___, ___. Yet the circuit court entered a massive $5 million default judgment on Respondent's 1983 claim against a state agency.
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That's not a reasonable misinterpretation of section 1983—it's a "plain, manifest, clear, and gross abuse of discretion." Spencer v. State, 2025 Ark. 91, at 6, 712 S.W.3d 296, 302 (standard for granting certiorari). And requiring the State to continue litigating a patently bad-faith claim serves no purpose beyond needlessly wasting resources and inviting others to try and hoodwink the taxpayers.
I respectfully dissent.
WOMACK, J., joins.