This is a section 1983 suit brought by parents of a child with autism against his school and the school employees charged with the his care. The child, A.P., wandered out of gym class and was found several hours later, unclothed and covered in mud. The suit alleges that the school had an affirmative duty to protect the child from harm and that its failure to do so violated the child’s due proces... More...   $0 (05-22-2009 - KY)

Appellants, Ally Cat, LLC, a/k/a KidzLife Pediatrics, and Dr. Stephanie Russell, appeal as a matter of right from an April 2008 order of the Court of Appeals denying them intermediate relief against an opinion and order by Appellee, Judge A.C . McKay Chauvin of the Jefferson Circuit Court. Appellee's order mandated that Appellants enter into an arbitration proceeding with the Real Parties in Inter... More...   $0 (01-22-2009 - KY)

This is the appeal and cross-appeal of a judgment entered in Scott Circuit Court after a jury found Cincinnati Insurance Company (CIC) liable to George and Kay Hofmeister for fraudulent misrepresentation and for violation of the Kentucky Unfair Claims Settlement Practices Act (UCSPA), Kentucky Revised Statutes (KRS) 304.12–230. CIC appeals the trial court’s denial of its motions for summary ju... More...   $0 (10-01-2008 - KY)

Conner brought suit against State Farm, alleging that State Farm violated Kentucky's Civil Rights Act, KY. REV. STAT. § 344.040(1), by discriminating against... More...   $0 (04-16-2008 - KY)

Plaintiff-appellant Elizabeth Rose claims that Continental Casualty Company ("Continental") wrongfully terminated her long-term disability benefits in violation of the Employee Retirement Income Security Act ("ERISA"), 29 U.S.C. § 1001 et seq. The district court determined that Continental's decision to terminate Rose's benefits was not arbitrary and capricious, and Rose appealed. Upon review ... More...   $0 (03-17-2008 - KY)

On March 21, 2007, the United States District Court for the Eastern District of Kentucky upheld, as supported by substantial evidence, the decision of the Commissioner of Social Security denying the application of plaintiff Steven H. Mitchell, Jr., for disability insurance benefits. Plaintiff now appeals the district court's judgment, contending the court failed to consider the whole record... More...   $0 (12-03-2007 - KY)

Timothy Morrison ("Morrison") was a student at Boyd County High School ("BCHS"). He is a Christian, and he believes that homosexuality is a sin. He further believes that part of his responsibility as a Christian is to tell others when their conduct does not comport with his understanding of Christian morality. During the 2004-05 academic year, BCHS had a written policy prohibiting students ... More...   $0 (11-06-2007 - KY)

A.R., by her next friends M.R. and W.R., and M.R. and W.R., on their own behalf (collectively "A.R."), have appealed from the order of the Fayette Circuit Court entered on July 22, 2004, which dismissed all claims against the appellees, the Fayette County Public Schools (FCPS), the Board of Education of Fayette County (the Board), Michael Brady, and Earl Stivers.3 Having concluded that the... More...   $0 (01-20-2007 - KY)

Plaintiff Equal Employment Opportunity Commission ("EEOC") appeals the district court's dismissal of its case on defendants' motion for summary judgment. The suit is a public enforcement action under the Age Discrimination in Employment Act ("ADEA") against defendants the Kentucky Retirement System, the Jefferson County Sheriff's Office, and the Commonwealth of Kentucky (collectively "Kentuc... More...   $0 (09-26-2005 - KY)

After petitioners, two Kentucky Counties, each posted large, readily visible copies of the Ten Commandments in their courthouses, respondents, the American Civil Liberties Union (ACLU) et al., sued under 42 U. S. C. §1983 to enjoin the displays on the ground that they violated the First Amendment's Establishment Clause. The Counties then adopted nearly identical resolutions calling for a more ... More...   $0 (06-28-2005 - KY)

The Appellees in this case brought five separate counts against the Appellant teachers and administrators of a Kentucky high school. Among these were a claim under 42 U .S .C .A. §1983 for violation of their right to be free from unreasonable searches under the Fourth Amendment of the United States Constitution, a claim under §2 of the Kentucky Constitution for deprivation of due process... More...   $0 (06-04-2005 - KY)

In Stone v. Graham, 449 U.S. 39 (1980) (per curiam), the Supreme Court held that it was patently insufficient for the government to justify schoolhouse displays of the Ten Commandments merely by asserting that "[t]he secular application of the Ten Commandments is clearly seen in its adoption as the fundamental legal code of Western Civilization and the Common Law of the United States." I... More...   $0 (01-30-2005 - KY)

Wrongful termination claimed by Steve "Andy" Putman against the Christian County Kentucky Board of Education which terminated him after complaining that district transportation director David Clagg touched him inappropriately on several occasions beginning in early 1997. The plaintiff complained that the suffered severe emotional distress as a result of Clagg's actions and the Board response to... More...   $358726 (10-15-2004 - KY)

In each of the present appeals, a primary residential custodian in a joint custody arrangement seeks to relocate with the parties' children over the other parent's objection . Our resolution of the issues presented requires us to determine both : (1) whether a primary residential custodian's desire to relocate requires modification of the previous joint custody award ; and (2) whether the re... More...   $0 (10-28-2003 - KY)

In 1993, Plaintiff-Appellant Netta Banks ("Banks") received a degree in elementary education. After her graduation, Banks began substitute teaching for the Wolfe County Board of Education ("Defendant Board"). In 1995, Banks was hired as a classified instructional aide with Defendant Board. In August of 1998, Banks became the parent liaison at Campton Elementary School. Banks was never employed... More...   $0 (06-11-2003 - KY)

On January 11, 1999, IDEA and section 504 evaluation teams convened by the school system determined that N.L. was ineligible for special assistance under either statute. Ms. C. was the sole dissenting member of both teams. After N.L. was determined ineligible, Ms. C. requested a due process hearing for her daughter under the IDEA. At the conclusion of the due process hearing, the administrative l... More...   $0 (01-17-2003 - KY)

This dispute is about whether hospital beds licensed for acute inpatient care, but used for other purposes when not needed by inpatients, may be counted for purposes of a Medicare program designed to reimburse certain hospitals based on the number of available beds. Specifically, the Medicare program, administered by the United States Department of Health and Human Services ("Department"), provide... More...   $0 (12-11-2002 - KY)

On October 16, 2000, the LFUCG issued a Real Property Disclosure Policy ("Policy"). The stated purposes of... More...   $0 (09-30-2002 - KY)

In this discrimination case, plaintiff David W. Mahon sues Craven Crowell, Johnny H. Hayes, William H. Kennoy, Skila Harris, and Glenn L. McCullough in their official capacities as directors of his employer, the Tennessee Valley Authority, alleging that TVA classified and fired him on account of a disability in violation of § 791 (commonly referred to as § 501) of the Rehabilitation Act of 1973 a... More...   $0 (06-28-2002 - KY)

Plaintiffs-appellants, Medicaid recipients with tobacco-related illnesses, appeal the dismissal of their actions seeking injunctions against two states, Kentucky and Tennessee (the States). Plaintiffs seek to intercept tobacco settlement money due to the States under the Master Settlement Agreement between a number of settling states and tobacco manufacturers. We affirm the dismissal of Plaintiffs... More...   $0 (06-13-2002 - KY)

Plaintiff Gary W. Rose appeals the district court's grant of summary judgment for defendant Robert F. Stephens in this 42 U.S.C. § 1983 action. Plaintiff argues that his termination from the position of Commissioner of the Kentucky State Police violates the First Amendment of the United States Constitution and the Kentucky Whistleblower Act, K.R.S. Chapter 61. For the reasons discussed below, we a... More...   $0 (06-03-2002 - KY)

Defendants-Appellants appeal the order of the district court denying their motion for summary judgment on immunity grounds on plaintiff-appellee Sharon Gragg's claims of retaliatory discharge in violation of the First Amendment and the Kentucky Constitution. Because we conclude that the undisputed facts clearly demonstrate that the speech to which Gragg points as the reason for her discharge did n... More...   $0 (05-20-2002 - KY)

This appeal(1) presents questions concerning the nature and extent of circumstantial evidence needed to permit a reasonable inference of gender discrimination by school officials in the student-on-student sexual harassment context. The Spencer County School District ("Spencer")(2) appeals from the district court's denial of its post-trial motion for judgment as a matter of law. A jury found that S... More...   $0 (11-06-2000 - KY)

McCreary County official erected in the McCreary County courthouse a Ten Commandments display, pursuant to an August 17, 1999 fiscal court order, signed by defendant Jimmie Greene, that the display be posted in "a very high traffic area" of the courthouse.... More...   $0 (05-09-2000 - KY)