protection of sovereign immunity (Kentucky) · Go Syfert
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protection of sovereign immunity in Kentucky

9 Kentucky opinions name it 2 courts 1991–2026 2 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 (4)

CaseFollowedCited
Edmonson County v. Frenchgreen
kyctapp · 2013 · cited in 1 Kentucky opinions naming this issue, 2026–2026
1 sentence

2026See also Edmonson Cnty. v. French, 394 S.W.3d 410 (Ky. App. 2013) (holding that county and the County Fiscal Court were entitled to the protection of sovereign immunity).

11
Commonwealth v. Samaritan Alliance, LLCgreen
kyctapp · 2014 · cited in 1 Kentucky opinions naming this issue, 2026–2026
2 sentences

2026Thus, the Cabinet is entitled to the protection of sovereign immunity.” Commonwealth v. Samaritan All., LLC, 439 S.W.3d 757, 761 (Ky. App. 2014).

2026However, that is not the end of the matter because “KRS [Kentucky Revised Statute] 45A.245 expressly waives sovereign immunity for actions arising under contracts with the Commonwealth.” Id. at 762 .

11
Alden v. Mainegreen
scotus · 1999 · cited in 1 Kentucky opinions naming this issue, 2011–2011
2 sentences

2011See Alden v. Maine, 527 U.S. 706, 755-56 , 119 S.Ct. 2240 , 144 L.Ed.2d 636 (1999); Miller v. Johnson Controls, Inc., 296 S.W.3d 392, 397 (Ky.2009) (citing Alden).

2011See Alden v. Maine, 527 U.S. 706, 755-56 , 119 S.Ct. 2240 , 144 L.Ed.2d 636 (1999); Miller v. Johnson Controls, Inc., 296 S.W.3d 392, 397 (Ky.2009) (citing Alden).

11
Miller v. Johnson Controls, Inc.green
ky · 2009 · cited in 1 Kentucky opinions naming this issue, 2011–2011
1 sentence

2011See Alden v. Maine, 527 U.S. 706, 755-56 , 119 S.Ct. 2240 , 144 L.Ed.2d 636 (1999); Miller v. Johnson Controls, Inc., 296 S.W.3d 392, 397 (Ky.2009) (citing Alden).

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 (6)

CaseCitedYears
Kentucky Center for the Arts Corp. v. Berns green
ky · 1991
2 sentences

2001In determining whether the Authority is entitled to the protection of sovereign immunity, the majority correctly applied the two-pronged test recently announced in Kentucky Center for the Arts v. Berns, Ky., 801 S.W.2d 327 (1991).

2001In determining whether the Authority is entitled to the protection of sovereign immunity, the majority correctly applied the two-pronged test recently announced in Kentucky Center for the Arts v. Berns, Ky., 801 S.W.2d 327 (1991).

21997–2001
Commonwealth v. Kentucky Retirement Systems green
ky · 2013
1 sentence

2014Id. at 837 .

12014–2014
Franklin County, Ky. v. Malone red
ky · 1997
1 sentence

2013The defendants then argued that to the extent French sued the judge executive and the other members of the fiscal court in their official capacities, they are also entitled to the protection of sovereign immunity, citing Franklin County v. Malone, 957 S.W.2d 195 (Ky.1997).

12013–2013
McCollum v. Garrett green
ky · 1994
2 sentences

1997McCollum v. Garrett, Ky., 880 S.W.2d 530 (1994).

1997McCollum v. Garrett, Ky., 880 S.W.2d 530 (1994).

11997–1997
Commonwealth, Department of Highways v. Davidson green
kyctapphigh · 1964
1 sentence

1991NREPC cites, as well, Jones v. Board of Education of Daviess County, Ky., 470 S.W.2d 829 (1971) and Comm. Dept. of Highways v. Davidson, Ky., 383 S.W.2d 346 (1964), both of which involved intentional torts, and both of which held the charged misconduct fell within the protection of sovereign immunity.

11991–1991
Jones v. Board of Education neutral
kyctapp · 1971
2 sentences

1991NREPC cites, as well, Jones v. Board of Education of Daviess County, Ky., 470 S.W.2d 829 (1971) and Comm. Dept. of Highways v. Davidson, Ky., 383 S.W.2d 346 (1964), both of which involved intentional torts, and both of which held the charged misconduct fell within the protection of sovereign immunity.

1991NREPC cites, as well, Jones v. Board of Education of Daviess County, Ky., 470 S.W.2d 829 (1971) and Comm. Dept. of Highways v. Davidson, Ky., 388 S.W.2d 346 (1964), both of which involved intentional torts, and both of which held the charged misconduct fell within the protection of sovereign immunity.

11991–1991

Where else courts name it

VA 55 (1983–2026) GA 26 (1985–2023) NE 16 (2004–2024) KY 9 (1991–2026) MO 9 (1984–1997) CT 9 (1992–2021) FL 8 (1989–2022) NC 8 (1980–2022) TX 7 (1993–2021) PA 7 (1975–1998) OH 6 (1990–2018) MS 6 (1994–1998) MD 4 (1997–2026) CA 4 (2015–2015) IL 4 (1995–2025) CO 3 (1988–2022) AZ 3 (1977–2016) MN 2 (1995–1996) MA 2 (1992–2005) OK 2 (2014–2014) ND 2 (1983–1995) ID 2 (2006–2020) SD 2 (2026–2026) WA 2 (2006–2006) AL 2 (2001–2006)

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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