1. Home
  2. Browse Decisions
  3. S.W.2d
  4. 957 S.W.2d
  5. 957 S.W.2d 195 (1997)
 

FRANKLIN COUNTY, KY. v. MALONE

Nos. 95-SC-0268-DG, 95-SC-0478-DG.

957 S.W.2d 195 (1997)

FRANKLIN COUNTY, KENTUCKY; Jim Boyd, in his official capacity as Franklin County Attorney; Bob Arnold, in his official capacity as Franklin County Judge-Executive; Robert Harrod, in his official capacity as former Franklin County Judge-Executive; and Jean Demerson, Carmello Benassi, Howard Dawson, Harold Robinson, Jennie Smither, and J.W. Luttrell, in their official capacity as members of the Franklin County Fiscal Court; and Robert R. Hicks, in his capacity as former member of the Franklin County Fiscal Court; and Hunter Hay, individually and in his official capacity as Franklin County Jailer, Appellants, v. Claudia F. MALONE, Successor Administratrix and personal representative of the Estate of Joseph R. Burns, Jr., Appellee. Dennis R. STOCKTON, Kentucky State Police Officer and A.B. Chandler III, Attorney General of the Commonwealth of Kentucky, Appellants, v. Claudia MALONE, Successor Administratrix and Personal Representative of the Estate of Joseph R. Burns, Deceased and Jim Boyd, in his official capacity as Franklin County Attorney; Bob Arnold, in his official capacity as Franklin County Judge-Executive; Robert Harrod, in his official capacity as former Franklin County Judge-Executive; and Jean Demerson, Carmello Benassi, Howard Dawson, Harold Robinson, Jennie Smither, and J.W. Luttrell, in their official capacity as members of the Franklin County Fiscal Court; and Robert R. Hicks, in his capacity as former member of the Franklin County Fiscal Court; and Hunter Hay, individually and in his official capacity as Franklin County Jailer, Appellees.

Supreme Court of Kentucky.

Rehearing Denied January 22, 1998.

Attorney(s) appearing for the Case

C. Thomas Hectus, R. Thaddeus Keal, Williams & Wagoner, Louisville, for Appellants/Cross-Appellees.

Bryan N. Coomer, Roy H. Wyatt, Louisville, Richard M. Sullivan, Richard B. Taylor, Conliffe, Sandmann, & Sullivan, Louisville, Richard B. Taylor, Conliffe, Sandmann, Gorman & Sullivan, Louisville, A.B. Chandler, III, Attorney General, Frankfort, for Appellee/Cross-Appellants.

WINTERSHEIMER, Justice.

This appeal is from a decision of the Court of Appeals which reversed a summary judgment of the circuit court which dismissed all defendants in a wrongful death suit resulting from the suicide of Joseph R. Burns, Jr. following his arrest and transportation to the Franklin County Jail. The dismissal was based on the protection of sovereign immunity.

The issues presented are whether sovereign...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases