United States District Court, E.D. Kentucky, Central Division
For David Holton, Plaintiff: Laura E. Landenwich, LEAD ATTORNEY, Clay Frederick Adams PLC, Louisville, KY.
For Danny Conrad, Estill County Detention Center, Defendants: Jonathan C. Shaw, LEAD ATTORNEY, Porter, Schmitt, Banks & Baldwin, Paintsville, KY.
For Bo Morris, in his official capacity as - Estill County Jailer, Official Defendant: Jonathan C. Shaw, LEAD ATTORNEY, Porter, Schmitt, Banks & Baldwin, Paintsville, KY.
MEMORANDUM, OPINION, & ORDER
KAREN K. CALDWELL, CHIEF UNITED STATES DISTRICT JUDGE.
This matter is before the Court on a motion for judgment on the pleadings as to claims asserted under Ky. Rev. Stat. Chapter 61 (DE 8) brought by Defendants Estill County Detention Center (" ECDC" ) and Bo Morris, in his official capacity as Estill County Jailer. As explained below, the Court will dismiss the claim asserted in Count IV of the complaint brought under Ky. Rev. Stat. Chapter 61 without prejudice and will deny the motion for judgment on the pleadings.
According to the complaint, on January 27, 2013, Plaintiff David Holton was engaged in an altercation with another man during which someone called Estill County 911. Sheriff's Deputy Randy Farthing responded to the call, arrived at the scene, and decided to send Holton home with his brother. Defendant, Constable Danny Conrad and Irvine Police Officer Jeff Knuckles also responded to the call. There was an outstanding warrant for Holton's arrest for failure to pay child support. According to the complaint, Conrad beat Holton, arrested him for public intoxication, and transported him to the ECDC. At the detention center, Holton alleges that Conrad struck him multiple times in the head. Eventually, Holton was transported to the hospital for treatment.
On September 30, 2013 and on two additional occasions in October 2013, Holton requested records related to the incident from the ECDC pursuant to Ky. Rev. Stat. Chapter 61. ECDC did not respond to the request.
Holton asserts a claim pursuant to 42 U.S.C. § 1983 and state law claims of assault and battery against Constable Conrad. Holton also asserts a Kentucky state law claim against the ECDC and Morris, the Estill County Jailer, relating to the failure to respond to Holton's records requests.
Defendants ECDC and Morris now move this Court for a judgment on the pleadings as to Holton's claim relating to his records request. Defendants maintain that this Court lacks jurisdiction, and Defendants are therefore entitled to a judgment on the pleadings. However, the Court must have subject-matter jurisdiction over the claim in order to enter a judgment. Holton's only asserted justification for jurisdiction concerning the records request claim is supplemental ...