Legal Opinion

Hamblen Ex Rel. Byars v. Kentucky Cabinet for Health & Family Services

Court of Appeals of Kentucky

Decided September 17, 2010No. 2009-CA-000369-MRPublishedCited by 7 opinions

1Opinion of the Court

OPINION

TAYLOR, Chief Judge:

Rocky Hamblen, by and through his Guardian, Yulonger Byars, brings this appeal from a November 12, 2008, summary judgment of the Jefferson Circuit Court dismissing the complaint in its entirety. *514We affirm in part, vacate in part, and remand.

Rocky Hamblen suffers from profound mental retardation and has been a resident of Central State Hospital ICF/MR since 1977. While Hamblen is approximately 61 years old, he has an “adaptive age equivalent of one year and three months” and requires full-time assistance to meet his daily living needs. Complaint at 2. Ham-blen also…

Also in this document: Concurrence.

2Cases cited30 opinions

  1. Papasan v. AllainSupreme Court of the United States · 1986
  2. Ex Parte YoungSupreme Court of the United States · 1908
  3. Pennhurst State School and Hospital v. HaldermanSupreme Court of the United States · 1984
  4. Marbury v. MadisonSupreme Court of the United States · 1803
  5. Verizon Maryland Inc. v. Public Service Commission of MarylandSupreme Court of the United States · 2002

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3Cited by7 opinions

  1. Appalachian Regional Healthcare v. Coventry Health & Life InsuranceDistrict Court, E.D. Kentucky · 2013
  2. Mischler v. ThompsonKentucky Supreme Court · 2014
  3. Teen Challenge of Ky., Inc. v. Ky. Comm'n On Human RightsCourt of Appeals of Kentucky · 2019
  4. Airbnb, Inc. v. Hon. Thomas D. WingateKentucky Supreme Court · 2026
  5. Allen Wayne Hatcher v. Honorable Phillip PattonKentucky Supreme Court · 2023

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