Legal Opinion

Franklin County, Ky. v. Malone

Kentucky Supreme Court

Decided September 4, 1997No. 95-SC-0268-DG, 95-SC-0478-DGPublishedCited by 83 opinions

1Opinion of the Court

WINTERSHEIMER, Justice.

This appeal is from a decision of the Court of Appeals which reversed a summary judgment of the circuit .court which dismissed all defendants in a wrongful death suit resulting from the suicide of Joseph R. Burns, Jr. following his arrest and transportation to the Franklin County Jail. The dismissal was based on the protection of sovereign immunity.

The issues presented are whether sovereign immunity bars any claim of negligence either against the county, county officials, the state, or the individual state trooper sued. Included in the resolution of such an issue must…

2Cases cited25 opinions

  1. City of Oklahoma v. TuttleSupreme Court of the United States · 1985
  2. Withers v. University of KentuckyKentucky Supreme Court · 1997
  3. Upchurch v. Clinton CountyCourt of Appeals of Kentucky (pre-1976) · 1959
  4. Kentucky Center for the Arts Corp. v. BernsKentucky Supreme Court · 1991
  5. Cullinan v. Jefferson CountyCourt of Appeals of Kentucky (pre-1976) · 1967

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3Cited by83 opinions

  1. Yanero v. DavisKentucky Supreme Court · 2001
  2. Rowan County v. SloasKentucky Supreme Court · 2006
  3. Minger v. GreenCourt of Appeals for the Sixth Circuit · 2001
  4. Schwindel v. Meade CountyKentucky Supreme Court · 2003
  5. Haney v. Monsky Ex Rel. ZagerKentucky Supreme Court · 2010

78 more not listed; retrieve them via the Exa API.

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