Judge grants restraining order in Arkansas Board of Corrections suit, attorney general sues board


LITTLE ROCK, Ark. – The legal battle between the Arkansas Board of Corrections and state officials reached a new phase in court on Friday.

A temporary restraining order was granted in Pulaski County Circuit Court Friday afternoon suspending Act 185 and parts of Act 659, two laws passed by the Arkansas General Assembly earlier this year that removed authority from the board in overseeing some state corrections appointees, including the secretary.

Under the new laws, the corrections secretary now serves at the pleasure of the governor, while the directors of correction and community corrections serve at the pleasure of the secretary.

The lawsuit requesting the TRO was filed Thursday as the board voted to suspend Secretary of Corrections Joe Profiri over concerns about how bed space was being added to the state prison system without board approval.

The addition of new beds was part of a series of moves by Gov. Sarah Huckabee Sanders that the administration said would help address crime rates in the state.

Attorney General Tim Griffin filed a separate lawsuit Friday afternoon against the board and its seven members for three violations of the state Freedom of Information Act, claiming the board held two illegal executive sessions, “the result of one such session being the illegal hiring of an outside counsel without following the process required by law.”

Griffin said the third violation was an improper response to a FOIA request he had sent to the board earlier in the week.

The Friday filings are the most recent turn in what has been a growing contentious public relationship between the Board of Corrections and the Sanders administration.

In November, Sanders and Griffin held a news conference protesting the board turning down its request for 500 of 600-plus requested prison beds. Earlier this week, it was reported that Profiri had begun adding the 500 beds despite the board’s ruling. This culminated in the board voting on Thursday afternoon to suspend Profiri.

A spokesperson for Sanders said Friday that the governor met that morning with Profiri to “express her confidence in his continued leadership at the Department.” The spokesperson also described the decisions by the board as “politically motivated stunts.”

The next hearing to determine the status of the temporary restraining order is scheduled for Dec. 28.


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