Kentucky Supreme Court

Rowan County, Kentucky; Don Hall

September 26, 2006201 S.W.3d 469

Summary

The Kentucky Supreme Court reinstated summary judgment for the county jailer and deputy jailer in their individual capacities because the challenged decisions concerning the voluntary jail work program, prisoner assignments, supervision, and training were discretionary and the record contained no evidence of bad faith. The court also affirmed summary judgment for Rowan County and for the officials in their official capacities. The court concluded that the statutory and factual circumstances did not establish a clearly established right or conduct outside the officials’ general authority. Justice Minton, dissenting, would have found a genuine factual dispute over whether the officials exceeded their statutory authority by operating the work program without the required written policy and approval.