Shontai Tudor, Mother and Next Friend of J.T., a Minor v. Jefferson County Public Schools A/K/A Jefferson County Board of Education
2020 CA 001134
| Ky. Ct. App. | Dec 16, 2021Background
- High-school fight between J.T. and classmate C.L.; assistant principal Brian Raho intervened and was injured trying to separate them.
- After being placed in Raho’s office, J.T. struggled with school security; Raho put his foot on J.T.’s buttocks while officers tried to subdue him.
- Disputed facts: Raho says he pushed down to help restrain J.T.; Deputy Sheriff Rhonda Rattler and Mother contend Raho repeatedly kicked J.T.; Rattler swore a criminal complaint for assault naming Raho as assailant.
- Criminal charges were dismissed; school investigation found no policy violation but counseled Raho that using a foot should be a last resort; J.T. completed school at home via agreement.
- Mother sued (on behalf of J.T.) alleging intentional physical and emotional harm; circuit court granted summary judgment for Raho and JCPS based on qualified official immunity.
- Court of Appeals reversed summary judgment (genuine issue of material fact as to bad faith) but affirmed the denial of Mother’s motion to compel the prosecutor’s file and deposition.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Raho’s use of force is protected by qualified official immunity | Raho acted in bad faith/committed assault (kicked J.T.) | Actions were discretionary and in good faith to restore order | Reversed summary judgment — genuine factual dispute on bad faith precludes immunity at summary judgment |
| Whether the act was discretionary or ministerial | (implicit) conduct not purely ministerial | Intervention and restraint were discretionary judgment calls | Court agreed actions were discretionary |
| Whether prosecutorial file and deposition must be produced | Mother asserted need for prosecutor’s file/deposition to show misconduct/bad faith | File is opinion work product; no compelling need shown | Affirmed denial — privileged work product, no abuse of discretion to refuse production |
Key Cases Cited
- Yanero v. Davis, 65 S.W.3d 510 (Ky. 2001) (defines qualified official immunity; distinguishes discretionary vs ministerial acts)
- Patton v. Bickford, 529 S.W.3d 717 (Ky. 2016) (qualified immunity applies to negligent performance of discretionary duties)
- Rowan Cnty. v. Sloas, 201 S.W.3d 469 (Ky. 2006) (burden shifts to plaintiff to show bad faith after defendant shows discretionary act)
- Shelton v. Kentucky Easter Seals Soc., Inc., 413 S.W.3d 901 (Ky. 2013) (summary judgment standards; view facts in light most favorable to nonmovant)
- O’Connell v. Cowan, 332 S.W.3d 34 (Ky. 2010) (prosecutorial opinion work product has heightened protection; compelling need required)
- Miller v. Eldridge, 146 S.W.3d 909 (Ky. 2004) (trial court’s discovery and admissibility decisions reviewed for abuse of discretion)
- Daubert v. Merrell Dow Pharms., Inc., 509 U.S. 579 (1993) (standard for trial-court gatekeeping and abuse-of-discretion review cited as analogous)