Rather than turn in a memo as requested, Ball had her attorney draft a letter and fax it to Johnson. The letter stated that Ball had no knowledge of what happened between her father and Booker. Finally, the letter instructed Johnson to contact Ball's attorney if he had any further questions to ask of Ball. Webb informed Ball that the letter was not sufficient and terminated her for insubordination, basing his decision not only on the fact that Ball had her attorney write the letter, but also that she had demanded Johnson's request in writing. Ball appealed her dismissal to the DCP's internal grievance panel, which upheld the firing.
Public policy dictates that an agency has the authority to establish reasonable rules and orders.
The DCP moved to dismiss pursuant to Ark. R. Civ. Subsequently, Ball filed an amended complaint naming Pumphrey, Johnson, and Webb individually and asserting that, as individuals, they were not immune. In her response to the motion to dismiss, she alleged that Ark. Code Ann. She also argued that her equal protection rights were violated because she was terminated in violation of the Department's written policies. Finally, she contended that there was a factual question with respect to her outrage claim.