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JONES v. CROSS

Nos. 2005-SC-000854-DG, 2006-SC-000164-DG.

260 S.W.3d 343 (2008)

Barney JONES, Individually and as Sheriff of Barren County; and Unknown Insurance Carrier of Barney Jones, Appellants, v. Jason H. CROSS; Mitzi R. Cross; and Christopher A. Spradlin, Appellees.

Supreme Court of Kentucky.

Rehearing Denied September 18, 2008.

Attorney(s) appearing for the Case

Marc A. Lovell, Travis Wayne Calvert, Harlin Parker, Bowling Green, KY, for Appellants.

Lee Huddleston, Huddleston & Huddleston, Bowling Green, KY, for Appellees.

Timothy J. Eifler, Walter L. Sales, Stoll Keenon Ogden PLLC, Louisville, KY, for St. Matthews Fire Protection District, Amicus Curiae.

Opinion of the Court by Justice SCHRODER.

A sheriff's deputy seriously injured two Kentucky State Troopers while all three were attempting to capture a fugitive. The questions accepted for discretionary review are whether the sheriff in his official capacity (the office of sheriff) is entitled to official immunity for tortious acts of his deputies, and if so, whether KRS 70.040 waives that immunity. We opine that the sheriff in his official capacity (the office of...

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