# Jefferson County Fiscal Court v. Peerce

> Kentucky Supreme Court · February 23, 2004 · 132 S.W.3d 824

URL: https://www.frixlaw.com/law-library/cases/9630700

## Case

- **Full name:** JEFFERSON COUNTY FISCAL COURT; Jefferson County Corrections Department; Jefferson County Merit Board; David L. Armstrong, Individually and in His Official Capacity as Judge/Executive of Jefferson County; Ronald Bishop, Individually and in His Official Capacity as Chief of Jefferson County Corrections Department; And Lee A. Karsner, Individually and in His Official Capacity as Captain of Jefferson County Corrections Department, Appellants, v. Thomas PEERCE, Appellee
- **Court:** Kentucky Supreme Court
- **Decided:** February 23, 2004
- **Citations:** 132 S.W.3d 824; 2004 WL 314616
- **Precedential status:** Published
- **Opinion:** Concurring in part by Lambert
- **Judges:** Keller, Wintersheimer, Cooper, Graves, Stumbo, Lambert, Fiscal, Winter-Sheimer, Johnstone
- **Cited by:** 46 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9630700

## How later opinions describe it (automated extraction)

- 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

## Opinion text

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).

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9630700. Public record. Not legal advice.