Curtis v. Breathitt Cnty. Fiscal Court

288 F. Supp. 3d 789
CourtDistrict Court, E.D. Kentucky
DecidedJanuary 22, 2018
DocketCivil Action No. 5: 16–463–DCR
StatusPublished
Cited by1 cases

This text of 288 F. Supp. 3d 789 (Curtis v. Breathitt Cnty. Fiscal Court) is published on Counsel Stack Legal Research, covering District Court, E.D. Kentucky primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Curtis v. Breathitt Cnty. Fiscal Court, 288 F. Supp. 3d 789 (E.D. Ky. 2018).

Opinion

Danny C. Reeves, United States District Judge

The defendants have moved for summary judgment regarding all claims asserted by Plaintiff Mary Curtis. [Record No. 47] The defendants' motion will be granted because sovereign immunity protects Defendant Breathitt County Fiscal Court ("BCFC") from Curtis's state law claims and because Curtis has not presented sufficient proof to maintain federal constitutional claims against BCFC. And as explained more fully below, the defendants' motion will also be granted regarding all claims that Curtis has made against Defendant Mary Lois Stevens, the Breathitt County Court Clerk, and Defendant John Lester Smith, the Breathitt County Judge Executive.

I.

Many of the relevant facts are undisputed. Curtis is the current Breathitt County Clerk having taken office in November 2016. Before assuming this role, Curtis worked in the clerk's office for over 20 years. [Record No. 56, p. 4] In late July 2015, long-time Breathitt County Clerk Tony Watts informed the BCFC that he would be retiring for health reasons. [Record Nos. 47-1, p. 5; 56, p. 4] At the time of this announcement, Curtis and three others were employed in the clerk's office. [Record Nos. 47-1, p. 5; 56, p. 4.] Curtis was serving as the chief deputy clerk under Watts. [Record Nos. 47-1, p. 5; 56, p. 4] Curtis was associated politically and affiliated with Clerk Watts. Additionally, she was his first cousin. [Record No. 56, p. 5] In his capacity as judge executive, *794Smith had the sole responsibility to appoint the next county clerk. [Record Nos. 47-1, p. 5; 56, p. 7] Watts asked Smith to appoint Curtis to the position; however, Smith instead appointed Harold Hutchinson in August 2015. [Record Nos. 47-1, p. 5; 56, p. 10]

After taking office, Hutchinson changed Curtis's title from chief deputy clerk to deputy clerk and did not employ a chief deputy. [Record No. 56, p. 14] On August 4, 2015, pursuant to Ordinance No. 07212015, the BCFC instituted fee polling with the clerk's office and transferred all of the employees of that office into the county's payroll system. This action made them subject to the Breathitt County Administrative Code. [Record No. 44-1] As a result, all net income and fees from the clerk's office would be paid monthly to the county treasurer instead of excess fees being paid at the end of the year. Id. The four clerk's office employees (Curtis, Martinez, Combs, and Fletcher) were appointed to the position of deputy clerk and their pay rates were set for payroll purposes. [Record No. 44-3, 44-4]

Curtis filed for the Breathitt County Clerk's position on Friday, November 6, 2015. [Record No. 56, p. 18] Hutchinson announced that he would be resigning, effective November 13, 2015. [Record Nos. 47-1, p. 5; 56, p. 18] Curtis alleges that Hutchinson told her that he could not do to her what Smith wanted. [Record Nos. 47-1, p. 5; 56, p. 16] But Hutchinson denies he ever said anything of the sort. [Record No. 44, p. 76] Smith again had the sole responsibility to appoint the next county clerk and decided to appoint Defendant Stevens rather than Curtis. [Record Nos. 47-1, p. 5; 56, p. 19]

On November 13, 2015, newly-appointed county clerk Stevens came into the office and handed Martinez, Combs, and Fletcher an envelope containing a paper offering them a position of deputy clerk. [Record Nos. 47-1, p. 6; 56, p. 19] Curtis did not receive an envelope and asked if she would be receiving one. Stevens responded in the negative, indicating that Curtis no longer had a job and that her services were no longer needed. [Record Nos. 47-1, p. 6; 56, p. 20] Curtis alleges that her termination was due to her political affiliation with former Clerk Watts. However, Stevens alleges the termination was due to budgetary reasons and because Curtis was receiving a significantly higher hourly rate than the other deputies. [Record No. 26, p. 28, lines 20-23; p. 30, lines 10-16]

Curtis asserts three state law claims, two based on 42 U.S.C. § 1983, and one based on 42 U.S.C. § 1985. [Record No. 1] She claims in Count I that she is entitled to damages for political discrimination arising from the defendants' alleged violation of Ky. Rev. Stat. § 67.710(7). Id. at 8-9. Curtis requests monetary as well as declaratory and injunctive relief in Count II for the defendants' alleged violation of sections 2 and 3 of the Kentucky Constitution. Id. at 9-10. Specifically, she seeks "full back pay and benefits, and to have her termination declared null and void." Id. at 10. Curtis also requests punitive damages and attorney fees under Count III for "State Law Wrongful Discharge." Id. at 10.

Curtis has also asserted federal constitutional claims under 42 U.S.C. § 1983. Curtis claims in Count IV that the defendants violated her Fourteenth Amendment procedural due process rights by failing to give proper notice and a hearing. Id. at 11. In Count V, Curtis seeks damages for the defendants' alleged violation of her First Amendment rights to freedom of speech and freedom of association. Id. at 11. Finally, Curtis has asserted a federal constitutional claim based on 42 U.S.C. § 1985.

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Bluebook (online)
288 F. Supp. 3d 789, Counsel Stack Legal Research, https://law.counselstack.com/opinion/curtis-v-breathitt-cnty-fiscal-court-kyed-2018.