Legal Opinion
B.L. v. Schuhmann
District Court, W.D. Kentucky
Decided May 2, 2019No. Civil Action No. 3:18-cv-151-RGJ-CHL; SENIOR ACTION CONSOLIDATED WITH: Civil Action No. 3:18-cv-000152-RGJ; Civil Action No. 3:18-cv-000153-RGJ; Civil Action No. 3:18-cv-000157-RGJ; Civil Action No. 3:18-cv-000158-RGJ; Civil Action No. 3:18-cv-000176-RGJ; Civil Action No. 3:18-cv-000306-RGJPublishedCited by 24 opinions
1Opinion of the Court
i. Severability
Cape Publications found that the title of the statute, "Action relating to *634childhood sexual abuse or childhood sexual assault," did not adequately provide notice of the statute's effect on the sealing of records and thus Section (3) was unconstitutional. Defendants argue that Section (2) of the statute is inseverable from Section (3) and as a result the entire statute is unconstitutional. This argument fails.
As a threshold issue, the opinion from Cape Publications is not binding precedent. The issue has never been addressed in a published opinion or by the Kentucky Supreme…
2Cases cited131 opinions
- Ashcroft v. IqbalSupreme Court of the United States · 2009
- Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
- Foman v. DavisSupreme Court of the United States · 1962
- West v. AtkinsSupreme Court of the United States · 1988
- Will v. Michigan Department of State PoliceSupreme Court of the United States · 1989
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3Cited by24 opinions
- Barnes v. UzuDistrict Court, S.D. New York · 2022
- Chancellor Anthony v. Kentucky Justice and Public Safety CabinetCourt of Appeals of Kentucky · 2023
- Codrington v. DolakDistrict Court, W.D. Kentucky · 2024
- Graham v. Todd CountyDistrict Court, W.D. Kentucky · 2022
- Heston v. Warren County, KentuckyDistrict Court, W.D. Kentucky · 2023
19 more not listed; retrieve them via the Exa API.