Sowders v. Atkins

646 S.W.2d 344, 1983 Ky. LEXIS 219
CourtKentucky Supreme Court
DecidedJanuary 18, 1983
StatusPublished
Cited by17 cases

This text of 646 S.W.2d 344 (Sowders v. Atkins) is published on Counsel Stack Legal Research, covering Kentucky Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Sowders v. Atkins, 646 S.W.2d 344, 1983 Ky. LEXIS 219 (Ky. 1983).

Opinion

STEPHENSON, Justice.

This appeal comes to us by transfer from the Court of Appeals, CR 76.18. The trial court declined to certify a class action and dismissed as to all defendants. We affirm.

Ten juveniles, residents of six different counties, filed suit in Franklin Circuit Court. The defendants are approximately 150 or more county jailers and county judge-executives in 78 counties. Additional defendants are George Adkins, secretary, Department of Finance, Commonwealth of Kentucky, Dr. Grady Stumbo, secretary, Department for Human Resources, Commonwealth of Kentucky, and George Wilson, commissioner, Bureau of Corrections, Commonwealth of Kentucky. All defendants are sued individually and in their official capacities.

In the first paragraph of the complaint the action is characterized as a class action for declaratory and injunctive relief and compensatory damages.

The regulations and procedures challenged are those which allegedly allow the practice of jailing juveniles charged with status offenses and jailing juvenile public offenders who are not sight and sound separated from adult inmates. The complaint alleges violation of the Juvenile Justice and Delinquency Prevention Act, 42 U.S.C. § 5601 et seq., the Civil Rights Act, 42 U.S.C. § 1983, Fourteenth and Eighth Amendments to the United States Constitution, various Kentucky statutes, various Kentucky and Federal case law, and the opinions of the Kentucky Attorney General.

George Adkins, Grady Stumbo and George Wilson are sued individually and in their official capacities for the reason they have the authority to disburse funds for their departments and bureaus.

The multitude of county judge-executives are sued for the reason it is alleged they are responsible for the financial management of the county jail and the proper care and treatment of juvenile prisoners.

The various jailers are sued for the reason that they are responsible for the care and treatment of juveniles in custody.

The plaintiffs seek to represent a class composed of all juveniles who have been, are now, or will be held in custody in violation of the various statutes, etc., supra.

They allege the number is so numerous so as to make joinder impractical.

The plaintiffs seek to sue the jailers as a class and recite the class which the defendant jailers represent is composed of all jailers who have been, are now, or will hold juveniles in custody in violation of acts of Congress, Kentucky statutes, case law etc. It is alleged these persons are so numerous that joinder of all is impracticable.

In view of our disposition of the case, it is not necessary to go into detail on the various causes of action based on violation of various statutes etc.

The relief sought is damages of $100 per day per child and punitive damages of $1,000 per day per child plus attorney fees, this in addition to the injunctive relief sought by plaintiffs.

The trial court dismissed the action after overruling appellant’s motion for class certification for the reason that there was no showing that the class was so numerous as to render joinder impracticable. Appellants then filed a motion for reconsideration with a filing of exhibits characterized by appellants as “raw data” obtained from state agencies. This “raw data” comprises an [346]*346enormous amount of paper consisting of copies of Department of Justice survey questionnaries, charts, tables, compliance monitoring reports and various maps.

The trial court overruled the motion for reconsideration and then proceeded to dismiss the complaint against George Adkins, Grady Stumbo, and George Wilson for failure to state a cause of action.

The complaint was dismissed for failure to state a cause of action against all county judge-executives and jailers excepting those county judge-executives and jailers in the counties in which the plaintiffs had residence.

The complaint was dismissed for lack of venue in the Franklin Circuit Court against those county judge-executives and jailers in the counties of residence of the ten plaintiffs.

There are so many reasons why this case should have been dismissed it is difficult to sort out the better ones.

The motion for certification of a class action for the plaintiffs was properly overruled. There was no attempt made to give the trial court an estimate of numerosity of class save for the attempt on motion for reconsideration filing exhibits by the pound. We cannot figure out just what the exhibits pretend to show, and they are incompetent as evidence in any event. We are advised by appellants’ counsel that “It was anticipated that defendants’ answers to plaintiffs’ interrogatories would clearly establish numerosity.” It is clear to us that appellants have no idea at all of the numer-osity of the class they seek to represent.

Thus appellants fail in the essential element of their motion. 3B Moore’s Federal Practice 2d, 23.05(3)(a)(l), at page 23-161 through 23-166 states:

“Consistent with his overall burden to show the prerequisites for a class action, the one who asserts the class must show some evidence or reasonable estimate of the number of class members. Whether a number is so large that it would be impracticable to join all the parties is dependent not upon any arbitrary limit, but rather upon the circumstances surrounding the case; and there must be a positive showing of such circumstances. The substantive nature of the claim, the type of class suit, and the relief requested also bear on how expansive a definition of the class will be allowed and, accordingly, on the necessary showing of nu-merosity in relation to impracticability of joinder.”

The appellant’s motion to certify the defendants as a class is even more bizarre. We are baffled as to how the state officials can constitute a class with the county judge-executives and jailers. With the numbers of jailers and county judge-executives made defendants in the action, it would seem that another hundred would not be too numerous to make parties and not bother with a class. Of course the answer as to the reason for this procedure is simple. In order for the appellants to have any hope of staying in court both plaintiffs and defendants must sue and be sued as a class. The trial court properly declined to certify the defendants as a class. We do not see any abuse of discretion. As stated in 3B Moore’s Federal Practice 2d 23.05(3), page 23-169, “The trial court’s detailed knowledge of the facts places it in as favorable a position as possible to judge whether joinder is impracticable. It is the general federal and state rule that the trial court’s decision on this issue is final unless there is an abuse of discretion or the trial court has applied impermissible legal criteria or standards.”

As far as we can tell from the allegation in the complaint and oral argument, the state officials, Adkins, Stumbo and Wilson, are charged with improperly disbursing funds for the Department of Finance and improperly disbursing funds and management of services for the Department for Human Resources and the Bureau of Corrections.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

University of Kentucky v. Amelia Long
Court of Appeals of Kentucky, 2024
St. Stephen's Cemetery Association v. Tina Seaton
Court of Appeals of Kentucky, 2022
At&t Corp. v. Donna Felter, Individually
Court of Appeals of Kentucky, 2021
Manning v. Liberty Tire Servs. of Ohio, LLC
577 S.W.3d 102 (Court of Appeals of Kentucky, 2019)
Melvin Hensley v. Haynes Trucking, LLC
Kentucky Supreme Court, 2018
Hensley v. Haynes Trucking, LLC
549 S.W.3d 430 (Missouri Court of Appeals, 2018)
United Propane Gas, Inc. v. Purcell
533 S.W.3d 199 (Court of Appeals of Kentucky, 2017)
Nebraska Alliance Realty Co. v. Brewer
529 S.W.3d 307 (Court of Appeals of Kentucky, 2017)
City of Somerset v. Bell
156 S.W.3d 321 (Court of Appeals of Kentucky, 2005)
Jefferson County Fiscal Court v. Peerce
132 S.W.3d 824 (Kentucky Supreme Court, 2004)
James v. Jones
148 F.R.D. 196 (W.D. Kentucky, 1993)

Cite This Page — Counsel Stack

Bluebook (online)
646 S.W.2d 344, 1983 Ky. LEXIS 219, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sowders-v-atkins-ky-1983.