Commonwealth of Kentucky v. Larry A. Long

DOWD, District Judge.

The issue in this case is whether the Supremacy Clause of the United States Constitution requires that a state’s indictment of a federal agent be dismissed before trial, absent an affirmative showing by the state that facts are in dispute as to whether the agent committed the crime within the necessary and proper scope of his federal duties. We hold that the Supremacy Clause does so require, and we affirm the judgment of the district court dismissing the indictment in this case. 637 F.Supp. 1150.

The proceedings below are more comprehensible when presented in the following…