Opinions

Starting April 16th 2005 the E-Government Act of 2002 requires that the court provide access to the substance of all written opinions issued by the court, regardless of whether such opinions are to be published in the official court reporter, in a text searchable format.

Written Opinions filed after April 16, 2005, are now searchable and available at no cost to ECF and PACER users.

ECF USERS: Enter your ECF login and password and click on the "Reports" option on the blue menubar. Click on the "Written Opinions" report to search for opinions or to view case specific opinions filed after April 16, 2005. You will NOT be prompted to enter your PACER login and password.

PACER USERS: Enter your PACER login and password and click on the "Reports" option on the bluemenu bar. Click on the "Written Opinions" report to search for opinions or to view case specific opinions filed after April 16, 2005. You will NOT be charged for running this report or viewing, printing or saving opinions listed on this report. To avoid billing charges, ALWAYS use the "Written Opinions" report to view, print or save court opinions.

Senior District Judge John G. Heyburn II

Case Name: David McFarland, Parent and Next Friend of Stephen and Daniel McFarland, et al. v. Jefferson County

Abstract: Plaintiffs sued the Jefferson County Public Schools (“JCPS”) and School Superintendent Stephen Daeschner, alleging that their rights under the Equal Protection Clause to the U.S. Constitution were violated when their children were denied admission to certain public schools under the current JCPS student assignment plan. The JCPS plan uses racial guidelines as one factor in determining student placement at all JCPS schools, except for the magnet schools at Central, duPont Manual (including the Youth Performing Arts School), the Brown School, and Brandeis Elementary. The racial guidelines state that the Black student population at each public school must be between 15

Case Name: Kentucky Restaurant Concepts, Inc., d/b/a P.T.'s Showclub, et al. v. City of Louisville, et al.

Abstract: Plaintiffs sought attorney?s fees pursuant to 42 U.S.C. § 1988 after receiving an injunction against the enforcement of an adult regulatory scheme enacted by the City of Louisville. Defendants objected to the amount of the request. The Court held that the overall attorneys? fees should be reduced by 10

Senior District Judge Charles R. Simpson III

Case Name: Sean McGinnis v. Raymond A. Taitano

Abstract: Motion in limine to preclude evidence of an expunged convition from California court. Motion denied. FRE 609(c) requires a finding of rehabilitation. Further, the probative value of the evidence outweighs its potential prejudicial effect.

Case Name: Sean V. McGinnis v. Raymond A. Taitano

Abstract: Motion in limine to preclude evidence of collateral source payments; particularly, CHAMPUS medical payments, Social Security disability benefits, and Veterans Admin. benefits. Held: German law applied to issue, under a conflict of laws analysis. Under German system, government benefits paid to injured party would not reduce the damages owed by tortfeasor. Motion in limine granted.

Case Name: Morris v. Fiscal Court of Oldham County, et al.

Abstract: Employee brought claims against employer for sexual harassment under Title VII and the Kentucky Civil Rights Act. Court dismissed claims and employee amended complaint to bring 1983 action under equal protection clause. To prove a violation of the equal protection clause, the employee must prove the same elements that are required to prove a claim under Title VII. The employee could not meet her burden under Title VII and, therefore, cannot meet her burden under the equal protection clause.

Case Name: Morris v. Fiscal Court

Abstract: Plaintiff's motion to reconsider court's order granting defendant summary judgment on several claims. Motion denied.

Case Name: Mark Friedman v. Ronald Bishop, et al.

Abstract: The plaintiff filed a civil rights suit after being terminated from his employment at the Jefferson County Corrections Department following an investigation into charges of sexual harassment. Friedman argued that the County Judge-Executive deprived him of due process when he reversed the decision of the Merit Board. The Judge-Executive, however, was entitled to qualified immunity. Although an unpublished Kentucky Court of Appeals decision held that he had no authority to take this action, this opinion was no clearly established law and, thus, did not create an exception to his immunity. Furthermore, the 17 month delay between the termination and post-termination hearing did not constitute a constitutional violation. Summary judgment granted.

Case Name: Winston v. USA

Abstract: Motion to preclude expert testimony regarding the present value and interest rates applicable to future expense streams. Discussion of Paducah Library v. Terry, 655 S.W.2d 19 (Ky.App. 1983)

Case Name: Winston v. United States of America

Abstract: Limine motion to preclude evidence of collateral source payments. 1)Collateral source rule applied to indep. contractor physician - past and future CHAMPUS payments. 2) CHAMPUS benefits not collateral payments as to the United States. 3)Insufficient information provided for the court to decide the issue with respect to Education for All Handicapped Children Act benefits.

Case Name: Morris v. Fiscal Court

Abstract: Summary judgment granted to defendant on Section 1983 claim because Title VII claim based on same conduct already dismissed.

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