Belk v. Hubbard

4 Citing cases

  1. Wilson v. Carroll Cnty.

    Civil No: 12-68-GFVT (E.D. Ky. May. 31, 2013)

    " Will v. Mich. Dept. of State Police, 491 U.S. 58, 66 (1989). Because KSP is a subdivision of the state, it is protected by the Eleventh Amendment. Walker v. Kentucky, 2009 WL 1374260, at *8 (E.D. Ky. May 15, 2009) (citing Hess v. Port Authority Trans-Hudson Corp., 513 U.S. 30 (1994)); McCrystal v. Moore, 2009 WL 192770, at *1-2 (E.D. Ky. Jan. 23, 2009); see also Belk v. Hubbard, 2009 WL 3839477, at *4 (E.D. Tenn. Nov. 16, 2009) (quoting City of Newport v. Fact Concerts, Inc., 453 U.S. 247, 267-68 (1981) (dismissing punitive damages claims against a state brought under federal law). Federal claims against the KSP are also dismissed. B

  2. Brosky v. Farris

    Civil No: 11-308-GFVT (E.D. Ky. Sep. 28, 2012)   Cited 1 times
    Holding that sovereign immunity shielded the Kentucky State Police and one if its detectives (in his official capacity) from any state-law claims

    " Will v. Mich. Dept. of State Police, 491 U.S. 58, 66 (1989). Because KSP is a subdivision of the state, it is also protected by the Eleventh Amendment and Broskys' federal claims against Farris in his official capacity are dismissed. Walker v. Kentucky, 2009 WL 1374260, at *8 (E.D. Ky. May 15, 2009) (citing Hess v. Port Authority Trans-Hudson Corp., 513 U.S. 30 (1994)); McCrystal v. Moore, 2009 WL 192770, at *1-2 (E.D. Ky. Jan. 23, 2009); see also Belk v. Hubbard, 2009 WL 3839477, at *4 (E.D. Tenn. Nov. 16, 2009) (quoting City of Newport v. Fact Concerts, Inc., 453 U.S. 247, 267-68 (1981) (dismissing punitive damages claims against a state brought under federal law). The state law official capacity claims against KSP meet the same demise. Whatever immunity is enjoyed by Kentucky administrative agencies protects that agency's employees in their official capacities.

  3. Estate of Goodin v. Knox Cnty., Kentucky

    Civil No: 12-18-GFVT (E.D. Ky. May. 3, 2012)

    ] As to punitive damages sought against Knox County for violations of federal law, the motion to dismiss is granted. Belk v. Hubbard, 2009 WL 3839477, at *4 (E.D. Tenn. Nov. 16, 2009) (quoting City of Newport v. Fact Concerts, Inc., 453 U.S. 247, 267-68 (1981)). In contrast, a punitive damages claim will not be precluded for federal claims against Defendants in their individual capacities.

  4. Wilkerson v. City of Chattanooga

    Case No. 1:09-cv-168 (E.D. Tenn. Jul. 12, 2010)   Cited 3 times

    As noted above in connection with liability under 42 U.S.C. § 1983, the Court notes that "[a] suit against an individual in his official capacity is the equivalent of a suit against the governmental entity." Matthews v. Jones, 35 F.3d 1046, 1049 (6th Cir. 1994); see also Brandon v. Holt, 469 U.S. 464, 471-72 (1985); Belk v. Hubbard, No. 1:09-cv-199, 2009 U.S. Dist. LEXIS 107262, AT * 5-6 *(E.D. Tenn. Nov. 16, 2009) (explaining that an "official capacity claim" against a police officer is "essentially a suit against the" municipality under the TGTLA). Thus, the negligence claim against Defendant Lockhart in his official capacity is actually a claim against the City. Pursuant to Tenn. Code Ann. § 29-20-205, the City's immunity is removed if the injury is proximately caused by a negligent act of any City employee unless the cause of action arises out of, inter alia, false arrest or civil rights.