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ASHBY v. CITY OF LOUISVILLE

No. 91-CA-1703-MR.

841 S.W.2d 184 (1992)

Betty ASHBY, Decedent, by Betty Ashby Harris, Administratrix of the Estate of Betty Jean Ashby; Carl Ashby, Dequita Ashby, Mattie Ashby, and Shimika Ashby, by their Temporary Custodian, Betty Ashby Harris; and Betty Ashby Harris, Appellants, v. CITY OF LOUISVILLE, Kentucky; Louisville Division of Police; Jerry Abramson, in his official capacity as Mayor of the City of Louisville; Richard Dotson, Individually and in his official capacity as Chief of Police; Officer P. Sweitzer, Officer Jesse Foley, Officer Wendell Ennis, Officer Gary Hearn, and Officer M.W. Mitchell, Individually and in their official capacities as Louisville Division of Police Officers; and Tami Lynn Bender, Administratrix of the Estate of Mark Edward Bender, Appellees.

Court of Appeals of Kentucky.

November 20, 1992.

Attorney(s) appearing for the Case

Joseph L. White, Karen M. Timmel, Louisville, for appellants.

William E. McAnulty, Jr., Janet P. Jakubowicz, Louisville, Robert L. Roark, Lexington, for City of Louisville; Louisville Div. of Police; Jerry Abramson, in his official capacity as Mayor of the City of Louisville; Officer P. Sweitzer, Officer Jesse Foley, Officer Wendell Ennis, Officer Gary Hearn, and Officer M.W. Mitchell, Individually and in their official capacities as Louisville Div. of Police Officers; and Tami Lynn Bender, Administratrix of the Estate of Mark Edward Bender.

A. Courtney Guild, Jan M. West, Louisville, for Richard Dotson, Individually and in his official capacity as Chief of Police.

Before EMBERTON, GUDGEL and WILHOIT, JJ.

GUDGEL, Judge:

This is an appeal from orders entered by the Jefferson Circuit Court in an action stemming from a tragic domestic violence incident which resulted in the death of appellants' decedent, Betty Ashby (hereinafter Ashby). The circuit court granted a summary judgment in favor of Richard Dotson, the former Louisville Police Chief, and dismissed the claims asserted against the remaining appellees. Appellants contend that the trial court erred by concluding...

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