Justia Government & Administrative Law Opinion Summaries

In this case, the Courier Journal requested multiple public records from the Shively Police Department (SPD) under the Open Records Act, following a fatal car crash involving a police chase. The requested records included dispatch reports, 911 calls, audio communications, dashcam and bodycam footage, and incident reports. SPD denied the request, citing the "law enforcement exemption" under KRS 61.878(1)(h), arguing that the records pertained to an ongoing criminal case and their release would harm the investigation.The Jefferson Circuit Court initially ruled in favor of SPD, granting summary judgment on the basis that the law enforcement exemption applied. The court found that SPD had met its burden of proof under the exemption, and thus, the records were exempt from disclosure. The Courier Journal appealed this decision to the Court of Appeals.The Court of Appeals reversed the circuit court's decision, holding that SPD had not sufficiently demonstrated that the records were exempt under the law enforcement exemption, the personal privacy exemption, or KRS 17.150(2). The appellate court vacated the summary judgment in favor of SPD and remanded the case for further proceedings, recommending an in camera review of the requested records.The Supreme Court of Kentucky affirmed the Court of Appeals' decision. The court held that SPD failed to provide a concrete risk of harm associated with the release of the records, as required by the law enforcement exemption. The court also clarified that KRS 17.150(2) governs the disclosure of records post-prosecution and does not override the harm requirement of the law enforcement exemption. Additionally, the court found that SPD did not adequately justify withholding the records under the personal privacy exemption. The case was remanded to the circuit court for further proceedings consistent with this opinion. View "SHIVELY POLICE DEPARTMENT V. COURIER JOURNAL, INC." on Justia Law

Darrie Rushin was indicted on multiple charges, including first-degree burglary and first-degree sodomy. He pled guilty to amended charges and was sentenced to seven years in prison, followed by a five-year period of postincarceration supervision. After completing his initial sentence, Rushin was released but later reincarcerated for violating the terms of his supervision.Rushin requested the Department of Corrections (DOC) to review his sentence calculation, arguing he was wrongfully denied sentence credits that would reduce his reincarceration period. The DOC denied his request, and his subsequent administrative appeal was also denied. Rushin then filed a motion in his underlying criminal case seeking declaratory and injunctive relief. The trial court dismissed his claim on separation-of-powers grounds. On appeal, the Court of Appeals concluded the trial court improperly dismissed the petition but affirmed on other grounds, holding Rushin was not entitled to relief as a matter of law.The Supreme Court of Kentucky reviewed the case and held that inmates reincarcerated for violating postincarceration supervision terms are entitled to earn statutory sentence credits under KRS 197.045 during their reincarceration. The court reasoned that the initial term of imprisonment and the subsequent period of postincarceration supervision are parts of a single sentence. The court emphasized that statutory sentence credits apply to all inmates unless explicitly excluded by statute. Consequently, the decision of the Court of Appeals was reversed. View "RUSHIN V. COMMONWEALTH OF KENTUCKY" on Justia Law

Hunter Smith, a phlebotomist employed by Laboratory Corp of America (Labcorp), sustained a work-related back injury on January 27, 2021, when a shelving unit fell on his head. This incident led to acute lower back injuries requiring surgery. Despite the surgery, Smith continued to experience significant pain and other symptoms. Medical evaluations by Dr. Gregory Lanford and Dr. Jules Barefoot assessed a 24% permanent impairment rating, attributing 19% to the work injury and 5% to pre-existing conditions. Dr. Michael Best, however, disagreed, attributing all of Smith's back issues to pre-existing conditions and assessing a 10% impairment rating.The Administrative Law Judge (ALJ) awarded Smith permanent partial disability (PPD) benefits, accepting Dr. Best's 10% impairment rating but attributing 5% to the work injury. The ALJ also awarded benefits for Smith's psychological condition based on a 20% impairment rating by Dr. Robert Sivley, despite Labcorp's contention that this rating was improperly based on a conditional impairment rating.Labcorp appealed to the Workers’ Compensation Board, arguing that the ALJ improperly relied on Dr. Sivley's rating and should have accepted Dr. Trivette's 0% rating. Smith cross-appealed, arguing that the ALJ misapplied the AMA Guides and should not have admitted Dr. Best's report. The Board affirmed the ALJ's decision, and both parties appealed to the Kentucky Court of Appeals, which also affirmed the Board's decision.The Supreme Court of Kentucky reviewed the case and affirmed the Court of Appeals' decision. The Court held that the ALJ's reliance on Dr. Sivley's impairment rating was justified and that the ALJ's decision was supported by substantial evidence. The Court found no compelling reason to disturb the ALJ's findings, as they were not clearly erroneous. View "LABORATORY CORP. OF AMERICA V. HUNTER SMITH" on Justia Law

The case involves four appellants who are parole-eligible inmates serving life sentences in the Kentucky Department of Corrections. They were denied any further opportunity at parole for the remainder of their sentences by the Kentucky Parole Board. The appellants challenged the Board's authority to issue a "serve-out," arguing that it violates the constitutional separation of powers.The Franklin Circuit Court concluded that the Board was within its statutory authority to issue a serve-out on a life sentence and granted summary judgment to the Board. The Kentucky Court of Appeals affirmed the lower court's decision, reasoning that the legislature had not prohibited the Board from authorizing serve-outs on life sentences.The Supreme Court of Kentucky affirmed the decisions of the lower courts. The court held that the Board has the power to issue a serve-out to an inmate serving a life sentence. The court reasoned that while the current statutory scheme may not explicitly authorize the Board to grant serve-outs, the relevant legislative and administrative history indicates that the legislature has condoned the Board’s use of this power. The court also held that the Board's power to issue a serve-out does not violate the constitutional separation of powers. The court concluded that a serve-out is authorized by the legislature and is not constitutionally impermissible. View "CONN V. KENTUCKY PAROLE BOARD" on Justia Law

In November 2013, Ahmad Rashad Davis was indicted for Medicaid fraud and theft by deception for defrauding Medicaid of $14,505.36 by falsifying timesheets over two years. In May 2014, the Commonwealth of Kentucky and Davis entered into a plea agreement in which Davis agreed to plead guilty to Medicaid fraud, and in exchange, the Commonwealth recommended to the trial court that Davis's theft by deception charge be dismissed. The trial court accepted Davis's guilty plea and sentenced him to one year of imprisonment, probated for three years or until restitution was paid in full, and dismissed the theft by deception charge. In December 2021, Davis filed a petition to expunge the theft by deception charge. The Commonwealth objected, arguing that the charge was dismissed in exchange for Davis's guilty plea to Medicaid fraud, making it ineligible for expungement under Kentucky Revised Statute (KRS) 431.076(1)(b). The circuit court granted Davis's petition without holding a hearing, and the Court of Appeals affirmed the decision. The Supreme Court of Kentucky granted discretionary review and reversed the decisions of the lower courts.The Supreme Court of Kentucky held that a circuit court can look beyond the sentencing court's final judgment to determine whether a dismissal was granted in exchange for a guilty plea to another charge. The court ruled that the circuit court erred in failing to do so in Davis's case. As a result, the Supreme Court reversed the Court of Appeals and vacated the circuit court's order granting expungement. View "COMMONWEALTH OF KENTUCKY V. DAVIS" on Justia Law

The Supreme Court affirmed the judgment of the court of appeals affirming the decision of the Workers' Compensation Board determining that Richard Lane's notice to his former employer, Tennco Energy, Inc., that he was asserting a subsequent claim against it was timely, holding that there was no error.In 2019, Lane filed a coal workers' pneumoconiosis (CWP) claim against Tennco Energy, Inc. An administrative law judge dismissed the claim after determining that Lane had failed to give timely notice of the claim pursuant to Ky. Rev. Stat. 341.316(2). The Board reversed, concluding that a prior CWP claim that Lane had previously settled against a former employer had no bearing on Lane's duty to notice Tennco when he asserted a subsequent claim against it. The Supreme Court affirmed, holding that remand was required for additional findings of fact under this opinion. View "Tennco Energy, Inc. v. Lane" on Justia Law

The Supreme Court affirmed the judgment of the court of appeals affirming the ruling of the Workers' Compensation Board affirming the denial of Francisco Rodarte's motion to reopen and reversing the ruling that Rodarte's shoulder claim was barred due to failure to join, holding that the court of appeals did not err.Rodarte sustained two work-related injuries while working for BlueLinx Corporation - a knee and ankle injury in 2016 and a shoulder injury in 2018. In Rodarte and BlueLinx ultimately entered into a settlement agreement for Rodarte's knee and ankle injuries. BlueLinx denied Rodarte's shoulder claim, however, concluding it was barred pursuant to Ky. Rev. Stat. 342.270 due to Rodarte's failure to join it to the 2016 claim. Rodarte moved to reopen the 2016 claim, which the chief administrative law judge denied. Thereafter, an administrative law judge dismissed the shoulder claim. The Board affirmed the denial of the motion to reopen and reversed the dismissal of the shoulder claim. The court of appeals affirmed the Board's ruling on the motion to reopen but reversed its determination that Rodarte's shoulder claim was not barred for failure to join. The Supreme Court affirmed, holding that the court of appeals did not err in its rulings. View "Rodarte v. Bluelinx Corp." on Justia Law

The Supreme Court affirmed the determination of the administrative law judge (ALJ) that the Department of Workers' Claims had jurisdiction to hear the claim of Roger Hall, who suffered a work-related injury after being exposed to asbestos-containing material while working for the Letcher County Board of Education, that he was permanently and totally disabled and was entitled to medical benefits, holding that there was no error.As to jurisdiction, the Workers' Compensation Board affirmed the ALJ, concluding that nothing in Ky. Rev. Stat. 49.020 prevents an employee with proceeding on a claim against his or her employer pursuant to the Workers' Compensation Act. The court of appeals affirmed. The Supreme Court affirmed, holding that the Department of Workers' Claims had jurisdiction over Hall's case. View "Letcher County Bd. of Education v. Hall" on Justia Law

The Supreme Court reversed the judgments of the court of appeals and circuit court affirming the decision of the Louisville/Jefferson County Metro Historic Landmarks & Preservation Districts Commission to approve the application of the Louisville/Jefferson County Metro Government to remove a certain statue, holding that the lower courts erred.In 2018, Louisville Metro filed an application to move a statue located in the historic Cherokee Triangle Preservation District. The application was deemed denied. On appeal, the Commission voted to approve the application. The parties opposing the application filed a complaint and appeal. The circuit court and court of appeals affirmed the Commission's decision. The Supreme Court reversed, holding that certain members of the Commission had a patent conflict of interest in the underlying decision, resulting in a denial of procedural due process. View "Friends of Louisville Public Art, LLC v. Louisville/Jefferson County Metro Historic Landmarks & Preservation Districts Comm'n" on Justia Law

The Supreme Court affirmed the opinion of the Kentucky Court of Appeals affirming the decision of the Workers' Compensation Board affirming the opinion and order of an administrative law judge (ALJ) awarding permanent partial disability income and medical benefits to Claimant, holding that there was no error.Claimant alleged that his bilateral knee injuries had been caused by cumulative trauma while working exclusively for Employer as a firefighter and EMT paramedic. Following a final hearing, the ALJ determined that Claimant's bilateral knee condition was caused by work-related cumulative trauma and awarded him benefits. Employer appealed. The Supreme Court affirmed, holding (1) the ALJ did not err in finding that Claimant had sustained an "injury" as defined under Ky. Rev. Stat. 342.0011(1); (2) the ALJ's findings regarding causation were supported by substantial evidence; and (3) the ALJ's findings of fact were sufficiently specific. View "Lexington Fayette Urban County Government v. Gosper" on Justia Law