About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

LOG IN
LOG IN


2001 Arkansas Attorney General Reports and Opinions 1 (2001)

handle is hein.sag/sagar0080 and id is 1 raw text is: ATIORNEY GENERAL OF ARKANSAS Mark Pryor Opinion No. 2000-272 January 17, 2001 Colonel Thomas A. Mars, Director Arkansas State Police 1 State Police Plaza Drive Little Rock, AR 72209 Dear Colonel Mars: I am writing in response to your request for my opinion on the following questions: 1. In light of the provisions of A.C.A. § 21-9-203 and the burden of proof that must be met for the imposition of punitive damages, is the State of Arkansas ever authorized to pay actual/compensatory damages assessed against a state officer or employee when a state or federal court has assessed punitive damages against the officer or employee for the same conduct that resulted in the assessment of actual damages? Stated otherwise, may an agency of the State of Arkansas disregard a trial court's finding of malice or intentional conduct sufficient for the imposition of punitive damages and pay any actual damages assessed against its officer or employee? 2. If the answer is in the affirmative, under what circumstance[s] may the agency-do so? RESPONSE In my opinion, the answer to both parts of your first question is yes. With respect to your second question, I believe the state is obligated to make an independent determination whether its officer or employee undertook the 323 Center Street * Suite 200 * Little Rock, Arkansas 72201 (501) 682-2007 * FAX (501) 682-8084 Internet Website * http://www.ag.state.ar.us/