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FRYMAN v. HARRISON

Nos. 94-SC-305-DG, 94-SC-313-DG.

896 S.W.2d 908 (1995)

Mike FRYMAN, individually, and in his Official Capacity as Bourbon County Jailer; Bourbon County Government; and Dorcas Davis, individually, and in her Capacity as Bourbon Circuit Clerk, Appellants, v. Prentice HARRISON, Appellee. and Prentice HARRISON, Appellant, v. Mike FRYMAN, individually, and in his Official Capacity as Bourbon County Jailer; Bourbon County Government; and Dorcas Davis, individually, and in her Capacity as Bourbon Circuit Clerk, Appellees.

Supreme Court of Kentucky.

May 11, 1995.

Attorney(s) appearing for the Case

Leslie Patterson Vose, Landrum, Shouse & Patterson, Lexington, Chris Gorman, Atty. Gen., William B. Pettus, Asst. Atty. Gen., Civ. Div., Frankfort, Jane Durkin Samuel, Sheila P. Hiestand, Landrum & Shouse, Lexington, for appellants/appellees, Mike Fryman, Bourbon County Government and Dorcas Davis.

Douglas R. Wright, Judy M. Wright, Wright & Wright, Falmouth, for appellee/appellant, Prentice Harrison.

G. Phillip Williams, R. Thaddeus Keal, Williams and Wagoner, Louisville, for amicus curiae Ky. Ass'n of Counties.

REVERSING IN PART AND AFFIRMING IN PART

WINTERSHEIMER, Justice.

This appeal is from a decision of the Court of Appeals which affirmed the dismissal against the defendants in their official capacities on the basis of sovereign immunity. However, a majority of the Court of Appeals held that the jailer and the circuit clerk could be sued individually for negligent acts.

Harrison alleges that injuries suffered by him as a result of an assault...

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