Mitchell v. University of Kentucky
366 S.W.3d 895
| Ky. | 2012Background
- Mitchell, at-will anesthesia technician at UK Chandler Medical Center, held a concealed carry license.
- Co-workers believed he had a firearm in his locker, leading to police/hospital search with Mitchell’s consent.
- Mitchell admitted he kept a firearm in his vehicle on University property; UK suspended and later terminated him for policy violation.
- Mitchell alleged termination violated public policy protecting the right to bear arms under Kentucky law.
- Circuit court granted UK summary judgment; Mitchell sought appellate review, which this Court granted.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does termination violate public policy evidenced by existing law? | Mitchell: right to bear arms is protected by KY statutes. | UK: campus weapon control is permitted by law; no public policy violation. | Yes; discharge contrary to fundamental public policy. |
| Does KRS 527.020(8) glove compartment rule render UK liable if weapon was in glove compartment? | glove-compartment protection prevents prohibition of possession. | UK may prohibit on campus; glove compartment details were ambiguous. | If weapon stored in glove compartment, UK violated KRS 527.020(8). |
| Do KRS 527.020(4) and KRS 237.115(1) conflict, and which governs? | Licensee rights under 527.020(4) prevail; university cannot override with 237.115. | 237.115 grants campus control over weapons; potential conflict must be harmonized. | Conflict resolved in favor of KRS 527.020(4) to protect licensed carriers and harmonize statutes. |
| Is Mitchell's discharge contrary to KRS 237.106, given licensee rights in a vehicle on property? | KRS 237.106 protects possessing firearms in a vehicle on property by licensed individuals. | University can regulate campus weapons; 237.106 exceptions apply narrowly. | Discharge contrary to KRS 237.106(4) because Mitchell was legally entitled to possess in vehicle. |
Key Cases Cited
- Grzyb v. Evans, 700 S.W.2d 399 (Ky. 1985) (public policy exception to at-will employment)
- Firestone Textile Co. Div. v. Meadows, 666 S.W.2d 730 (Ky. 1983) (narrow public policy exception to at-will firing)
- Coomer v. CSX Transp., Inc., 319 S.W.3d 366 (Ky. 2010) (summary judgment de novo review)
- Dawson v. Birenbaum, 968 S.W.2d 663 (Ky. 1998) (context for public policy limitations)
- King Drugs, Inc. v. Commonwealth, 250 S.W.3d 643 (Ky. 2008) (statutory construction and canons)
- Hill v. Kentucky Lottery Corp., 327 S.W.3d 412 (Ky. 2010) (issue of legislative enactments creating rights)
- Spees v. Kentucky Legal Aid, 274 S.W.3d 447 (Ky. 2009) (statutory interpretation guidance)
- Johnson v. Branch Banking & Trust Co., 313 S.W.3d 557 (Ky. 2010) (statutory intent and interpretation)
- Centre College v. Trzop, 127 S.W.3d 562 (Ky. 2004) (university authority and campus safety considerations)
- Kentucky Military Inst. v. Bramblet, 164 S.W. 808 (Ky. 1914) (early precedent on educational institutions and weapons)