Kentucky State Police v. Terry Scott
529 S.W.3d 711
| Ky. | 2017Background
- This case addresses whether exhaustion of administrative remedies is required before filing suit challenging KSP hiring practices.
- Scott and Fleming, KSP Arson Investigator IIs hired in 2002, observed Boaz hired in 2004 at a higher salary despite less experience.
- In 2006, Scott and Fleming filed internal grievances about Boaz's higher pay; Fleming's grievance was denied May 25, 2006.
- Both men appealed to the Personnel Board in 2007; the hearings found they knew of Boaz's salary by early 2006 and 2006 respectively.
- The Personnel Board dismissed the appeals in September 2007; final orders issued October 16, 2007; neither Scott nor Fleming timely appealed to Franklin Circuit Court.
- In 2009 they filed a direct action in Franklin Circuit Court seeking damages and equitable relief; the case was removed to federal court and remanded back to state court.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether exhaustion of administrative remedies was required | Scott and Fleming should be allowed direct action challenging unlawful application of statutes/regulations. | Exhaustion was required; no exceptions apply to their as-applied claims. | Exhaustion required; direct action dismissed absent timely appeal. |
Key Cases Cited
- Commonwealth v. DLX, Inc., 42 S.W.3d 624 (Ky. 2001) (facial constitutionality exception to exhaustion does not apply to as-applied challenges)
- Goodwin v. City of Louisville, 215 S.W.2d 557 (Ky. 1948) (administrative remedies exhaustion rule)
- Stein v. Kentucky State Tax Comm'n, 99 S.W.2d 443 (Ky. 1936) (injury must be shown from statute application before challenging constitutionality)
- Yanero v. Davis, 65 S.W.3d 510 (Ky. 2001) (governmental immunity and related remedies;)
- St. Luke's Hosp., Inc. v. Straub, 354 S.W.3d 529 (Ky. 2011) (limitations on monetary damages for constitutional claims)
- Kentucky Exec. Branch Ethics Comm'n v. Atkinson, 339 S.W.3d 472 (Ky. App. 2010) (administrative remedies exhaustion in agency actions)
- Popplewell's Alligator Dock No. 1, Inc. v. Revenue Cabinet, 133 S.W.3d 456 (Ky. 2004) (exceptional circumstances to the exhaustion requirement)