Opinion

Jefferson County Fiscal Court v. Peerce

  • 132 S.W.3d 824
  • 2004 WL 314616
Court
Kentucky Supreme Court
Filed
Feb 23, 2004
Status
Published
Author
Lambert
On the bench
Keller, Wintersheimer, Cooper, Graves, Stumbo, Lambert, Fiscal, Winter-Sheimer, Johnstone
Cited by
46 cases
Authority
More cited than 7.0%

relying on Howlett v. Rose, 496 U.S. 356 (1990), and noting that “state treatment of sovereign immunity is not relevant to a determination of whether a party is immune from § 1983 liability because only federal jurisprudence is controlling on this issue.”

How later courts described this case

  • relying on Howlett v. Rose, 496 U.S. 356 (1990), and noting that “state treatment of sovereign immunity is not relevant to a determination of whether a party is immune from § 1983 liability because only federal jurisprudence is controlling on this issue.”
  • recognizing that immunity provided to state entities under Kentucky law does not apply to federal claims brought under 42 U.S.C. § 1983
  • holding that county judge/executive’s decision to terminate former county corrections department officer was discretionary
  • “Howlett [v. Rose, 496 U.S. 356 (1990),] states clearly that state treatment of sovereign immunity is not relevant to a determination of whether a party is immune from § 1983 liability because only federal jurisprudence is controlling on this issue.”

Written by the judges who cited it.

The opinion

LAMBERT, Chief Justice,

Concurring in Part and Dissenting in Part.

I must dissent from the majority opinion with respect to its reliance on Howlett v. Rose 1 as the basis for its decision that governmental entities of Jefferson County are subject to suit in Kentucky state courts for claims filed under 42 U.S.C. § 1983 . I believe that the majority has incorrectly analyzed Howlett and overlooked long-standing Kentucky law that recognizes counties and county governments as arms of the state that are entitled to the same sovereign immunity of the state.

. 496 U.S. 356 , 110 S.Ct 2430 , 110 L.Ed.2d 332 (1990).

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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