Arkansas Supreme Court Reinstates AG’s Lawsuit Against Board of Corrections
In a significant decision, the Arkansas Supreme Court has reversed a dismissal of a lawsuit filed by Attorney General Tim Griffin against the state Board of Corrections. The court’s majority opinion, released Thursday, instructs further proceedings in Pulaski County Circuit Court after finding the original dismissal premature.
Griffin’s lawsuit, initiated on December 15, 2023, alleges that the Board violated the Arkansas Freedom of Information Act (FOIA) by hiring attorney Abtin Mehdizadegan during a closed session and failing to respond adequately to his FOIA request. This legal battle between the AG and the Board is poised against the backdrop of another ongoing lawsuit initiated by the Board against Governor Sarah Huckabee Sanders, claiming her administration used state laws to bypass its authority.
Circuit Judge Tim Fox previously mandated Griffin to arrange legal representation for the Board, dismissing the case when he claimed he could not comply. In a twist, the Supreme Court backed Griffin’s assertion that he had no legal obligation to provide representation without a formal request from the Board.
The justices criticized the lower court’s assumption that the AG could act independently, asserting it amounted to an abuse of discretion. They ruled that Fox’s order was based on a "clearly erroneous application of the law," as the Board had explicitly stated it did not require the Attorney General’s involvement.
Justice Shawn Womack dissented, arguing Griffin’s claims should have been approached via an illegal-exaction framework instead. Nevertheless, he acknowledged persuasiveness in Griffin’s argument regarding the Board’s hiring practices.
As the legal skirmish unfolds, state officials continue to grapple with the pressing issue of prison overcrowding, with lawmakers and the governor agreeing on the urgent need for increased bed space in state facilities.
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