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Hall v. Brammel

United States District Court, E.D. Kentucky, Northern Division, Ashland

November 19, 2019

ASHLAND LENARD HALL, PLAINTIFF
v.
MICHAEL BRAMMEL, Individually and In His Official Capacity as Solid Waste Coordinator, Carter county, Kentucky, DEFENDANT

          MEMORANDUM OPINION AND ORDER

          David L. Bunning, United States District Judge.

         I. Introduction

         This 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 claims.

         II. Factual Background and Procedural History

         One 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.

         The 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 of another.

Id. §1.2(B).

         The Enforcement section of the Ordinance provides:

         NOTIFICATION:

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 notice.

Id. § 9 (emphasis added).

         The next section of the Ordinance sets forth the consequences of non-compliance:

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).

         If no payment is made within thirty (30) days, the County may file a ...


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