order denying a substantial claim (Kentucky) · Go Syfert
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order denying a substantial claim in Kentucky

33 Kentucky opinions name it 2 courts 2011–2025 16 in the last five years

The cases below were cited by Kentucky courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (5)

CaseFollowedCited
Breathitt County Board of Education v. Pratergreen
ky · 2009 · cited in 22 Kentucky opinions naming this issue, 2011–2025
2 sentences

2025As established in Prater, 292 S.W.3d at 887 , “an order denying a substantial claim of absolute immunity is immediately appealable even in the 20 On August 15, 2022, the order granting partial judgment on the pleadings was entered.

2022Therein, the Court held “an order denying a substantial claim of absolute immunity is immediately appealable even in the absence of a final judgment.” Id. at 887 .

1322
Harrod v. Caneygreen
kyctapp · 2018 · cited in 7 Kentucky opinions naming this issue, 2020–2025
2 sentences

2025Harrod v. Caney, 547 S.W.3d 536, 540 (Ky. App. 2018).

2023An immediate interlocutory appeal may be taken from “an order denying a substantial claim of absolute immunity or qualified official immunity[.]” Harrod v. Caney, 547 S.W.3d 536, 540 (Ky. App. 2018).

77
Rowan County v. Sloasgreen
ky · 2006 · cited in 3 Kentucky opinions naming this issue, 2018–2020
2 sentences

2020The cloak of immunity entitles its possessor to be free “from the burdens of defending the action, not merely just an immunity from liability.” Rowan County v. Sloas, 201 S.W.3d 469, 474 (Ky. 2006) (citations omitted).

2020This is because the cloak of immunity entitles its possessor to be free “from the burdens of defending the action, not merely just an immunity from liability.” Rowan County v. Sloas, 201 S.W.3d 469, 474 (Ky. 2006) (citations omitted).

23
Yanero v. Davisgreen
ky · 2001 · cited in 1 Kentucky opinions naming this issue, 2025–2025
1 sentence

2025Analysis It is well-settled law that this Court has jurisdiction to consider an interlocutory order if it is “an order denying a substantial claim of absolute 2 See Yanero v. Davis, 65 S.W.3d 510, 519 (Ky. 2001). -5- immunity . . . even in the absence of a final judgment.” Breathitt Cnty.

11
Morgan & Pottinger, Attorneys, P.S.C. v. Bottsgreen
ky · 2011 · cited in 1 Kentucky opinions naming this issue, 2014–2014
1 sentence

2014In Morgan & Pottinger, Attorneys, P.S.C. v. Botts, 348 S.W.3d 599, 601 (Ky.2011), the Court extended the exception to claims of immunity under the judicial statements privilege.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Kentucky. Read the followed side critically anyway.

Also cited on this issue (4)

CaseCitedYears
Baker v. Fields green
moctapp · 2018
1 sentence

2023The scope of our review in this type of appeal is strictly limited. “[A]n appellate court reviewing an interlocutory appeal of a trial court’s determination of a defendant’s immunity from suit is limited to the specific issue of whether immunity was properly denied, nothing more.” Baker, 543 S.W.3d at 578 .

12023–2023
Mitchell v. Forsyth green
scotus · 1985
2 sentences

2022And “an order denying a substantial claim of absolute immunity is immediately appealable even in the absence of a final judgment.” Breathitt County Bd. of Educ. v. Prater, 292 S.W.3d 883, 887 (Ky. 2009) (citing to Mitchell v. Forsyth, 472 U.S. 511 , 105 S. Ct. 2806 , 86 L.

2022And “an order denying a substantial claim of absolute immunity is immediately appealable even in the absence of a final judgment.” Breathitt County Bd. of Educ. v. Prater, 292 S.W.3d 883, 887 (Ky. 2009) (citing to Mitchell v. Forsyth, 472 U.S. 511 , 105 S. Ct. 2806 , 86 L.

12022–2022
Ervin Cable Construction, LLC v. Lay green
kyctapp · 2015
1 sentence

2019Appellant relies on Ervin Cable Construction, LLC v. Lay , 461 S.W.3d 422 (Ky.App. 2015).

12019–2019
Nixon v. Fitzgerald green
scotus · 1982
1 sentence

2013Id.

12013–2013

Statutes the citing opinions construe

KY § Ky. Rev. Stat. § 22A.020 (4) KY § Ky. Rev. Stat. § 342.690 (3) KY § Ky. Rev. Stat. § 65.2003 (3) USC § 28u.s.c.1291 (3) USC § 42u.s.c.1983 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

KY 33 (2011–2025) MO 2 (2018–2019)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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