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15-015 - Singleton et al v. Commonwealth of Kentucky et al


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15-015 - Singleton et al v. Commonwealth of Kentucky et al
March 31, 2016
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Tayse Haynes in her official capacity. Signed by Judge Gregory F. VanTatenhove on 3/31/2016.(AKR)cc: COR NOTE: See Order 52 for amendment. Modified text on 3/1/2017 (CBD). MEMORANDUM OPINION & ORDER: 1.The Dfts' motions to dismiss, or in the alternative, for summary judgment [R.31; R. 33] are CONSTRUED as motions to dismiss pursuant to Federal Rule of Civil Procedure 12(b); and 2.The Dfts' motions [R. 31; R. 33] are GRANTED IN PART. The following claims are DISMISSED from the lawsuit: a. The ยง 1983 claims brought by the Singletons in their individual capacities; b. All claims against the five John Doe Defendants; c. The claims for money damages brought against Defendant Marchetta Carmicle in her individual capacity, pursuant to Count VI, the alleged violation of the Kentucky Constitution; and d. The claims for declaratory and injunctive relief against: (i) the Commonwealth of Kentucky; (ii) the Cabinet for Health and Family Services; (iii) the Department for Medicaid Services; and (iv) Marchetta Carmicle in her official capacity. 3.The Dfts' motions [R. 31; and R. 33] are also DENIED IN PART. The following claims may proceed going forward: a. The claims for money damages brought against Defendant Marchetta Carmicle in her individual capacity, pursuant to Counts I, II, III, IV, V, and VII; and b. The claims for declaratory and injunctive relief against Secretary Audrey