Kentucky Department of Corrections v. McCullough

Concurring by

Justice KELLER.

I concur in the majority opinion because I agree with its analysis of the issues presented in this case. I write separately, however, to reiterate that, in my view, McCullough should not have been permitted to recover any damages from the Kentucky Department of Corrections (“KDOC”). I joined Justice Cooper’s dissenting opinion in Department of Corrections v. Furr1 (“Furr") because I believed then — as I believe now — that the Commonwealth’s agencies cannot be sued for money damages under the Kentucky Civil Rights Act (“KCRA”) because the General Assembly has not…