Legal Immunity and Liability in Kentucky State
Presenter :
Kevin Moore, Esq.
General Counsel
KYTC, OLS
Frankfort, KY
KY State Courts: Circuit Court, Court of
Appeals, and Supreme Court
KY Board of Claims (KRS Chap. 44)
Federal Courts: U.S. District Court, Eastern
District of KY, Western D KY, Sixth Circuit
Court of Appeals, U.S. Supreme Court
Commonwealth of Kentucky is immune from
being sued in its own courts without its
consent. KRS 44 waiver; compare 11
th
Amendment (relates to suits against state in
federal court)
Public employees have qualified official
immunity when required to make good faith
judgment calls in a legally uncertain
environment.
Qualified official immunity applies to the
negligent performance by a public employee
of
◦
(1)discretionary acts of functions, i.e. those
involving the exercise of discretion or personal
deliberation, decision, and judgment;
◦
(2) in good faith; and
◦
(3) within the scope of the employee’s authority.
An act is not necessarily “discretionary” just
because the employee performing it has some
discretion with respect to the means or method to
be employed.
A government employee is not immune from
personal liability for the negligent
performance of a ministerial act, i.e. one
that requires only obedience to the orders of
others, or when the officer’s duty is absolute,
certain, and imperative, involving merely
execution of a specific act arising from fixed
and designated facts.
◦
Policy: New case: If fail to follow written policy
then personal liability; Mattingly case.
◦
Known or should have known that the act or
omission violated clearly-established constitutional
or statutory rights or duty created by regulation or
policies
If requested by an employee or
former employee KYTC
MAY
provide
attorney for employee sued
individually, in their official capacity,
or both due to
An act or omission made in the
scope and course of employment as
state employee
Inspection for dead trees in the absence of actual
notice is not a ministerial act. To determine if an
act is ministerial it is necessary to determine whether
the acts involve policy-making decisions and
significant judgment, or are mere routine duties.
The fact that an agency occasionally or even
regularly engages in a particular act does not
necessarily mean that the act is a “routine duty”
not involving significant judgment, statutory
interpretation, or policy-making decisions.
However, in some situations an act may be
ministerial even if that act is not specifically
covered by applicable statues, or administrative
regulations. Actual notice of the dead tree may
make the act ministerial.
Analysis of legal principles regarding immunity and liability in the Commonwealth of Kentucky, including factors such as public immunity, official immunity, and governmental employee liability. The content discusses scenarios where immunity may apply and exceptions where personal liability can be imposed on government employees. Reference to the role of the Kentucky Transportation Cabinet (KYTC) in providing legal representation in certain situations is also included.
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Presentation Transcript
Presenter : Kevin Moore, Esq. General Counsel KYTC, OLS Frankfort, KY
KY State Courts: Circuit Court, Court of Appeals, and Supreme Court KY Board of Claims (KRS Chap. 44) Federal Courts: U.S. District Court, Eastern District of KY, Western D KY, Sixth Circuit Court of Appeals, U.S. Supreme Court
Commonwealth of Kentucky is immune from being sued in its own courts without its consent. KRS 44 waiver; Amendment (relates to suits against state in federal court) compare 11th
Public immunity when required to make good faith judgment calls in environment. Qualified official immunity negligent performance by a public employee of (1)discretionary acts of functions, i.e. those involving the exercise of discretion or personal deliberation, decision, and judgment; (2) in good faith; and (3) within the scope of the employee s authority. An act is not necessarily discretionary just because the employee performing it has some discretion with respect to the means or method to be employed. employees have a qualified legally official uncertain applies to the
A government employee is not immune from personal liability performance of a ministerial act, i.e. one that requires only obedience to the orders of others, or when the officer s duty is absolute, certain, and imperative, involving merely execution of a specific act arising from fixed and designated facts. Policy: New case: If fail to follow written policy then personal liability; Mattingly case. Known or should have known that the act or omission violated clearly-established constitutional or statutory rights or duty created by regulation or policies for the negligent
If requested by an employee or former employee KYTC MAY provide attorney for individually, in their official capacity, or both due to An act or omission made in the scope and course of employment as state employee employee sued
Inspection for dead trees in the absence of actual notice is not a ministerial act. act is ministerial it is necessary to determine whether the acts involve policy-making significant judgment, or are mere routine duties. The fact that an agency occasionally or even regularly engages in a particular act does not necessarily mean that the act is a routine duty not involving significant interpretation, or policy-making However, in some situations an act may be ministerial even if that covered by applicable statues, or administrative regulations. Actual notice of the dead tree may make the act ministerial. To determine if an decisions and judgment, statutory decisions. act is not specifically
