McCollum v. Garrett

TALIAFERRO, Special Justice,

concurring in part and dissenting in part.

I agree with the majority’s opinion that Mr. McCollum was properly sued in his individual capacity under the analysis of Calvert Investments, Inc. v. Louisville & Jefferson County Metropolitan Sewer District, Ky., 805 S.W.2d 133 (1991), and Smith v. Isaacs, Ky., 777 S.W.2d 921 (1989).

However, I take exception to the majority’s holding that McCollum is entitled to only qualified immunity for his actions in this case. In my view, McCollum was acting within the scope of his authority as county *536prosecutor after Ms. Griffin…