Kane v. McDaniel

MEMORANDUM OPINION AND ORDER

ALLEN, District Judge.

This is a suit brought to vindicate alleged constitutional violations under 42 U.S.C. § 1983, with authority in this Court under the provisions of 28 U.S.C. §§ 1343(3), (4). There is also a prayer for declaratory relief under 28 U.S.C. §§ 2201, 2202. The gravamen of the suit is an attack on the constitutionality of K.R.S. 218A.270(1)(e). Due to the circumstance of an attack on the constitutionality of a state statute and the possibility of having to convene a three-judge court under 28 U.S.C. § 2281 et seq., the plaintiff has withdrawn his…