Kentucky Board of Claims -


Yanero v Davis overrules the Kentucky Board of Claims statute in a ruling released 21 Feb. 2002.
The KY Statute KRS 44. seems to have just been declared unconstitutional through the application of (Section 112(5) of the Constitution of Kentucky . This case declares that the Board of Claims is not a court, and thus not entitled to hear any justiciable causes. This statute has been on the books and in common use since passage in 1946, and has been held to allow the recovery of "damages" against individuals who are neglegent in the ministerial tasks assigned to them as employees of the state.. [ Collins v. Commonwealth, Nat. Resources and Env. Prot. Cabinet, 10 SW3d 122 (KY 1999). ]

Yanero v Davis further gives a clear list as ready-reference to ALL of the citations regarding immunity, and it becomes clear in the analysis of these many and varied case law citations that the singular basis for immunity is discretion. If this were not so, the powerful would always win every ruling, because the powerful would always be able to litigate against the official decisionmaker at a lower opportunity cost to themself. Fairness follows closely on the heels of discretionary immunity, but remedy for actual wrongs done by an "official" must also coexist with the necessary immunity which necessarily protects us all.

The Board of Claims was rightly involved in matters which did not fit under the umbrella of state-confirred immunity such as those failing to follow law, duty, ministerial task - etc., but now appears by this correct analysis to have crossed a constitutionally-clear inhibition.

At this moment the public awaits the legislative response, which must be forthcoming.

Go to Strollin' Pettifogger' s Part 1
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Go to the Congressional Immunity bill
Last modified: April 2002