inherent immunity in Kentucky

2022It does not depend on Sections 230 and 231 of the Kentucky Constitution, and Haydon Bridge itself explicitly rejects such a reading: Although some cases suggest that Sections 230 and 231 are the source of sovereign immunity in Kentucky, e.g., Bach v. Bach, Ky., 288 S.W.2d 52, 54 (1956), those sections are more accurately viewed as delegating to the General Assembly the authority to waive the Commonwealth’s inherent immunity by direct appropriation of money from the state treasury and/or by specifying where and in what manner the Commonwealth may be sued.

2013Although some cases suggest that Sections 230 and 231 are the source of sovereign immunity in Kentucky, e.g., Bach v. Bach, Ky., 288 S.W.2d 52, 54 (1956), those sections are more accurately viewed as delegating to the General Assembly the authority to waive the Commonwealth’s inherent immunity by direct appropriation of money from the state treasury and/or by specifying where and in what manner the Commonwealth may be sued.

2022Meinhart v. Louisville Metro Government, 627 S.W.3d 824 , 830 (Ky. 2021); Lexington-Fayette Urban County Government v. Smolcic, 142 S.W.3d 128, 135 (Ky. 2004) (“Immunity from suit includes protection against the ‘cost[s] of trial’ and the ‘burdens of broad-reaching -9- discovery’ that ‘are peculiarly disruptive of effective government.’” (quoting Harlow v. Fitzgerald, 457 U.S. 800, 817-18 , 102 S. Ct. 2727, 2738 , 73 L.

2022Lexington-Fayette Urban County Government v. Smolcic, 142 S.W.3d 128, 135 (Ky. 2004).

2022Rather, Section 231 is a provision “that permit[s] the -11- General Assembly to waive the Commonwealth’s inherent immunity . . . .” Id.

2009Thus, contrary to assertions sometimes found in our case law, Sections 230 and 231 of our Constitution are not the source of sovereign immunity in Kentucky, but are provisions that permit the General Assembly to waive the Commonwealth’s inherent immunity either by direct appropriation of money from the state treasury (Section 230) and/or by specifying where and in what manner the Commonwealth may be sued (Section 231)." Yanero v. Davis, 65 S.W.3d 510, 523-524 (Ky.2001) (internal citations omitted). .

2022Meinhart v. Louisville Metro Government, 627 S.W.3d 824 , 830 (Ky. 2021); Lexington-Fayette Urban County Government v. Smolcic, 142 S.W.3d 128, 135 (Ky. 2004) (“Immunity from suit includes protection against the ‘cost[s] of trial’ and the ‘burdens of broad-reaching -9- discovery’ that ‘are peculiarly disruptive of effective government.’” (quoting Harlow v. Fitzgerald, 457 U.S. 800, 817-18 , 102 S. Ct. 2727, 2738 , 73 L.

2022Meinhart v. Louisville Metro Government, 627 S.W.3d 824 , 830 (Ky. 2021); Lexington-Fayette Urban County Government v. Smolcic, 142 S.W.3d 128, 135 (Ky. 2004) (“Immunity from suit includes protection against the ‘cost[s] of trial’ and the ‘burdens of broad-reaching -9- discovery’ that ‘are peculiarly disruptive of effective government.’” (quoting Harlow v. Fitzgerald, 457 U.S. 800, 817-18 , 102 S. Ct. 2727, 2738 , 73 L.

2012This immunity flows from the Commonwealth’s inherent immunity by virtue of a Kentucky county’s status as an arm or political subdivision of the Commonwealth”) with Bolden v. City of Covington, 803 S.W.2d 577, 579 (Ky. 1991) (“Municipal corporations enjoy no constitutional protection from tort liability”).