Linnie Lindsey, Barbara Hodgens and Pamela Ray v. Joseph Greene and Unknown Deputy Sheriffs

MERRITT, Circuit Judge.

This case presents the single issue of the constitutionality of a Kentucky statute that allows constructive service of process by posting in forcible entry and detainer actions. The statute, Ky.Rev.Stat. § 454.030, states:

If the officer directed to serve notice on the defendant in forcible entry or detainer proceedings cannot find the defendant on the premises mentioned in the writ, he may explain and leave a copy of the notice with any member of the defendant’s family thereon over sixteen years of age, and if no such person is found he may serve the notice by posting a…