Legal Opinion

Breathitt County Board of Education v. Prater

Kentucky Supreme Court

Decided August 27, 2009No. 2008-SC-000041-DGPublishedCited by 111 opinions

1Opinion of the Court

Opinion of the Court by

Justice ABRAMSON.

This case presents the opportunity to address whether Kentucky’s appellate courts have jurisdiction to consider an appeal from an interlocutory order denying a motion to dismiss or motion for summary judgment premised on the movant’s claim of absolute immunity. If there is appellate jurisdiction to address such rulings, we must also consider whether the Court of Appeals erred in this case by ruling that the Breathitt County Board of Education is not immune from the personal injury claims brought by Appellee Dot Prater, an individual injured at a…

2Cases cited10 opinions

  1. Mitchell v. ForsythSupreme Court of the United States · 1985
  2. Nixon v. FitzgeraldSupreme Court of the United States · 1982
  3. Yanero v. DavisKentucky Supreme Court · 2001
  4. Rowan County v. SloasKentucky Supreme Court · 2006
  5. Withers v. University of KentuckyKentucky Supreme Court · 1997

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3Cited by111 opinions

  1. University of Louisville v. Rothstein, MarkKentucky Supreme Court · 2017
  2. Marson v. ThomasonKentucky Supreme Court · 2014
  3. Commonwealth v. SextonMissouri Court of Appeals · 2018
  4. Furtula v. University of KentuckyKentucky Supreme Court · 2014
  5. Wendy Browning v. Edmonson Cnty., Ky.Court of Appeals for the Sixth Circuit · 2021

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