Arkansas Department Of Human Services v. Cole

2011 Ark. 145 (2011)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

Ds moved to dismiss P's complaint for failure to state a claim upon which relief can be granted. The circuit court entered an order dismissing Count 11 of the complaint and deferring judgment on the motions to dismiss concerning Counts 1-10 upon a full hearing of the evidence. After conducting discovery, everybody moved for summary judgment. The circuit court granted P's motion for summary judgment on Count 10 and declared Act 1 unconstitutional under the Arkansas Constitution; granted D's motions to dismiss and motions for summary judgment on all of the claims asserted under the United States Constitution (Counts 1, 3, 5, 7, 9, and 12); and dismissed the remaining claims under the Arkansas Constitution (Counts 2, 4, 6, 8, and 13), determining that it was not necessary to reach them. The circuit court further determined that because Act 1 burdens the fundamental right to privacy implicit in the Arkansas Constitution, the constitutionality of Act 1 must be analyzed under strict or heightened scrutiny, which means it cannot pass constitutional muster unless it provides the least restrictive method available that is narrowly tailored to accomplish a compelling state interest. The circuit court found that 'Initiated Act 1 is facially invalid because it casts an unreasonably broad net over more people than is needed to serve the State's compelling interest. It is not narrowly tailored to the least restrictive means necessary to serve the State's interest in determining what is in the best interest of the child.' The circuit court, therefore, found Act 1 unconstitutional. Ds appealed and P cross-appealed the circuit court's grant of summary judgment on the balance of her claims.