FRANKLIN COUNTY FISCAL COURT v. STEWART

No. 86-CA-2131-MR.

757 S.W.2d 194 (1988)

FRANKLIN COUNTY FISCAL COURT; Carmello Benassi, Jean Demerson, Robert R. Hicks, Kenneth Hockensmith, J.W. Luttrell and Harold Robinson, in their official capacities as Franklin County Magistrates; Franklin County, Kentucky; and Robert T. Harrod, in his official capacity as Franklin County Judge/Executive, Appellants, v. Calvin STEWART, Appellee.

Court of Appeals of Kentucky.

As Modified May 27, 1988.

Discretionary Review Denied by Supreme Court September 28, 1988.


Attorney(s) appearing for the Case

J. Calvin Aker, Reece, Lang & Aker, London, James E. Boyd, Franklin Co. Atty., Frankfort, for appellants.

Neil E. Duncliffe, Georgetown, Max M. Smith, Frankfort, for appellee.

Before HOWERTON, C.J., and McDONALD and WILHOIT, JJ.


McDONALD, Judge:

The appellee, Calvin Stewart, previously the jailer of the Franklin County jail, was indicted and tried for manslaughter in the second degree and six other offenses for his actions arising out of his conduct as jailer which allegedly resulted in the death of an inmate. Mr. Stewart's first trial ended in a hung jury. He was eventually acquitted on all charges. Mr. Stewart incurred legal fees and costs of...

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