Legal Opinion

Kelly v. Burks

District Court, E.D. Kentucky

Decided February 7, 2006No. Civ.A. 03-80-JMHPublishedCited by 2 opinions

1Opinion of the Court

MEMORANDUM OPINION AND ORDER

HOOD, District Judge.

Pending before the Court is Defendants’ motion to dismiss [Record No. 22]. Plaintiff has responded [Record No. 23], and this matter is now ripe for review.

FACTUAL BACKGROUND 1

On September 24, 2002, Plaintiff, who at the time was Commissioner of Kentucky’s Department of Juvenile Justice, was arrested in New York and charged with sexual abuse in the third degree and forcible touching. The charges against Plaintiff arose from an accusation made by a twenty-one-year-old traveling companion. Plaintiff was ultimately acquitted following a jury trial…

2Cases cited11 opinions

Will v. Michigan Department of State PoliceSupreme Court of the United States · 1989
Ex Parte YoungSupreme Court of the United States · 1908
Edelman v. JordanSupreme Court of the United States · 1974
Marc D. Mezibov v. Michael K. Allen, Hamilton County OhioCourt of Appeals for the Sixth Circuit · 2005
Hazel Golden v. City of Columbus Cheryl Roberto, Director of Public Utilities for the City of ColumbusCourt of Appeals for the Sixth Circuit · 2005

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3Cited by2 opinions

Kuck v. DanaherDistrict Court, D. Connecticut · 2011
Raboczkay v. Taylor, City ofDistrict Court, E.D. Michigan · 2021