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08-146 - Warick v. Justice and Public Safety Cabinet et al


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08-146 - Warick v. Justice and Public Safety Cabinet et al
September 26, 2008
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MEMORANDUM OPINION & ORDER: (1) Pla does not state claim which relief can be granted against Dfts Hogan, Gray, Million, and Hardison, and accordingly, claims are DISMISSED. (2) KY Corrections Cabinet, KY Justice & Public Safety Cabinet, KY Dept of Probation and Parole, and KY Parole Board areentitled to sovereign immunity under the 11th Amendment, and accordingly, claims are DISMISSED. (3) Claims against Dfts Anderson and Barber, official capacities are construed as claims against the state and barred by 11th Amendment, and accordingly, official capacity claims are DISMISSED. (4) Dfts Barber, Anderson, Coy, Papailler, Carter-Hatchett, Winburn, DeRossett, Provence, and Milburn are entitled to absolute quasi-judicial immunity for their actions, and accordingly, individual capacity claims are DISMISSED. (5) Plas Motion for the Appointment of Counsel 3 is DENIED AS MOOT. (6) Since all claims have been dismissed, Judgment shall be entered contemporaneously with this Memorandum Opinion and Order in favor of the Dfts. Signed by Judge Amul R. Thapar. (TDA)cc: Gary D. Warick