Knott County Board of Education v. Patton
415 S.W.3d 51
Ky.2013Background
- Patton, Knott County Central High French teacher, received a reprimand and sought removal from her file; Pollard planned to switch curriculum from French to Spanish with SBDMC vote; curriculum change led to Patton’s suspension/position elimination; Patton alleged retaliation and improper process; trial court granted summary judgment for Board and immunity,”; Court of Appeals reversed, suggesting a KRS 61.102 whistleblower claim and lack of official immunity,”; Supreme Court reverses, holds no KRS 61.102 claim and discretionary immunity for individuals.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Patton stated a KRS 61.102 whistleblower claim | Patton alleged retaliation for speaking out | Patton never pled a whistleblower claim | No KRS 61.102 claim; not pleaded or supported by record |
| Whether Court of Appeals erred by sua sponte recognizing a whistleblower claim | Court of Appeals revived claim not raised | No whistleblower basis in trial record | Reversed; no whistleblower claim; reinstated summary judgment |
| Whether individual Appellants are protected by qualified official immunity | SBDMC/school board actions were ministerial | Actions were discretionary | Immunity applies; Court of Appeals erred in undoing summary judgment |
| Whether the Board’s liability was properly limited by KERA/SBDMC duties | SBDMC failed to follow policy; Board liable | Curriculum decisions are discretionary; Board not liable | Board not liable; summary judgment proper for Board |
Key Cases Cited
- Yanero v. Davis, 65 S.W.3d 510 (Ky. 2001) (discretionary vs ministerial functions; immunity standard)
- Fischer v. Fischer, 848 S.W.3d 582 (Ky. 2011) (new theory not raised in trial court cannot be raised on appeal)
- Ten Broeck Dupont, Inc. v. Brooks, 283 S.W.3d 705 (Ky. 2009) (appellate review limits; new theories on appeal)
- Reg’l Jail Auth. v. Tackett, 770 S.W.2d 225 (Ky. 1989) (review standards for new theories on appeal)
- Haney v. Monsky, 311 S.W.3d 235 (Ky. 2010) (ministerial vs discretionary duties within immunity analysis)
- Boone County Bd. of Educ. v. Bushee, 889 S.W.2d 809 (Ky. 1994) (KERA and site-based decision making authority)