Annotations for Decision

In a case under the Kentucky Open Records Act, a claim against an attorney for the Kentucky Education and Workforce Development Cabinet in his official capacity was properly dismissed because the Commonwealth had not waived its immunity. The suit against the attorney in his official capacity was essentially a suit against the Cabinet. Taylor v. Maxson, 483 S.W.3d 852, 2016 Ky. App. LEXIS 15 (Ky. Ct. App. 2016). Full Details

In a case under the Kentucky Open Records Act, because the alleged misstatements that an attorney for the Kentucky Education and Workforce Development Cabinet made that allegedly caused emotional distress were part of an adjudicatory process before the Kentucky Attorney General, the statements were entitled to absolute judicial immunity. Taylor v. Maxson, 483 S.W.3d 852, 2016 Ky. App. LEXIS 15 (Ky. Ct. App. 2016). Full Details

Lawsuit should not have been filed against an attorney for the Kentucky Education and Workforce Development Cabinet based on an allegation that there was a failure to respond in 3 days because the Kentucky General Assembly intended suits based on violations of the Kentucky Open Records Act, including the time provisions at issue here, to be brought against the state agencies themselves and not against the individuals employed by those agencies. Taylor v. Maxson, 483 S.W.3d 852, 2016 Ky. App. LEXIS 15 (Ky. Ct. App. 2016). Full Details