United States District Court, E.D. Kentucky, Northern Division, Ashland
MEMORANDUM OPINION AND ORDER
L. Bunning, United States District Judge.
matter is before the Court upon Defendant Michael
Brammell's Motion for Summary Judgment [Doc. No. 21]. The
matter has been fully briefed by the parties [Doc. Nos. 21-1,
23 and 24]. For the reasons set forth below, the Court finds
that summary judgment is not warranted as to the claims for
false arrest and malicious prosecution against Brammell in
his individual capacity but is appropriate as to all other
Factual Background and Procedural History
man's trash is another's treasure, not so in Carter
County. Carter County Ordinance No. 04-35 prohibits the
accumulation of trash on one's property. [Doc. No. 21-2].
This civil action arises from Plaintiff Lenard Hall's
arrest and brief incarceration for violating that Ordinance.
Ordinance provides that it is “unlawful for the owner,
occupant, or person having control or management of any land
within the county to permit a public nuisance to develop or
continue thereon.” Id. §1.2. Included in
the Ordinance's definition of “public
nuisance” is the “accumulation of rubbish,
” which is defined as:
Any accumulation on any premises of filth, refuse, trash,
garbage, or other waste material which endangers the public
health, welfare, or safety, or materially interferes with the
peaceful enjoyment by owners or occupants of adjacent
property because of the danger that it will catch or
communicate fire, attract and/or propagate vermin, rodents or
insects, or blow rubbish into any street, sidewalk, property
Enforcement section of the Ordinance provides:
It shall be the duty of the Solid Waste
Coordinator to serve or cause to be served
notice upon the owner or occupant of any premises on
which there is kept or maintained any nuisance in violation
of the provisions of this ordianace and to demand the
abatement of the nuisance within fourteen (14) days of said
Id. § 9 (emphasis added).
next section of the Ordinance sets forth the consequences of
If the person so served does not abate the
nuisance within fourteen (14) days, the County may proceed to
abate such nuisance, keeping an account of the expense of the
abatement, and such abatement shall be charged and paid by
such owner or occupant.
Id. § 11 (emphasis added).
payment is made within thirty (30) days, the County may file