Adam Stepner Attorneys Secure Summary Judgment for Jailer and County on Inmate Constitutional Claims
Adam Stepner Attorneys, Jeffrey C. Mando, and Claire E. Parsons, recently secured summary judgment for Campbell County, Kentucky and Jailer Jim Daley on an inmate’s constitutional claims pursued under 42 U.S.C. Section 1983. The inmate had filed suit, alleging that he was denied appropriate medical care during his incarceration at the Campbell County Detention Center and claiming that the County and Daley had violated his federal constitutional rights and committed torts under Kentucky law. In a decision entered by Judge David L. Bunning of the Eastern District of Kentucky, the Court found that both Daley and the County were entitled to judgment as a matter of law. First, the Court found that no constitutional violation had been shown against Daley since he was not specifically aware of the inmate’s condition during his incarceration and was entitled to defer to the decisions of contract medical staff with respect to the inmate’s medical care. Likewise, the Court found that no constitutional inadequate policy of the County existed to support a finding of liability against it. Moreover, the Court found that the tort claims against Daley and the County were subject to sovereign and qualified official immunity under Kentucky law. As such, the Court entered judgment in Daley’s and the County’s favor and dismissed all claims against them. Opinion attached here.