St. Luke Hospital, Inc. v. Straub
354 S.W.3d 529
Ky.2011Background
- Straub, a minor, was taken to St. Luke Hospital ER after police involvement and medical personnel restrained her in a gown with four-point restraints.
- Blood and urine samples were forcibly drawn; Straub’s mother arrived after the procedures.
- Straub sued in federal court and state court, asserting federal and state claims, including state constitutional due process claims and common law torts.
- Federal court dismissed § 1983 claims and common law claims; Sixth Circuit affirmed; state court later held some color-of-state-law claims potentially viable.
- Court of Appeals reversed trial judgment on some issues; Kentucky Supreme Court reversed the Court of Appeals and reinstated the trial court judgment, holding no private right of action under KRS 446.070 for state constitutional violations.
- Court rejected creating a new constitutional tort (Bivens) in Kentucky, citing available traditional remedies and Wilkie two-step analysis.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does KRS 446.070 allow money damages for state constitutional violations? | Straub argues statutes include constitution; 446.070 creates private remedy. | Hospitals/states contend constitution is not a statute, no private right. | No private right; 446.070 does not create remedy for constitutional violations. |
| Should Kentucky recognize a new constitutional tort via Bivens doctrine? | Straub seeks Bivens-like damages for constitutional violation. | Existence of traditional remedies suffices; Bivens not appropriate. | Court declines; no new Bivens remedy in Kentucky. |
| Did the trial court err in evidentiary handling or jury guidance during deliberations? | Trial court misled jury regarding injury and blocked testimony. | Instructions were proper; no reversible error. | No reversible error; instructions and rulings affirmed. |
Key Cases Cited
- Baker v. White, 251 Ky. 691 (1933) (statute vs. municipal ordinance distinction for 446.070)
- Centre College v. Trzop, 127 S.W.3d 562 (Ky. 2003) (statute/constitution interpretation framework)
- Alderman v. Bradley, 957 S.W.2d 264 (Ky.App. 1997) (statute meaning excludes municipal ordinances)
- Goodyear Tire & Rubber Co. v. Thompson, 11 S.W.3d 575 (Ky. 2000) (evidence and trial procedures; trial court discretion)
- Bivens v. Six Unknown Named Agents, 403 U.S. 388 (1971) (recognizes private action for constitutional violations in limited contexts)
- Wilkie v. Robbins, 551 U.S. 537 (2007) (two-step inquiry for implying a Bivens remedy)