LARRY WAYNE PALMER v. KENTUCKY DEPARTMENT OF CORRECTIONS
Annotate this Case
Download PDF
RENDERED: June 9, 2000; 10:00 a.m.
NOT TO BE PUBLISHED
C ommonwealth O f K entucky
C ourt O f A ppeals
NO.
1999-CA-001996-MR
LARRY WAYNE PALMER
APPELLANT
APPEAL FROM MORGAN CIRCUIT COURT
HONORABLE SAMUEL LONG, JUDGE
ACTION NO. 99-CI-00153
v.
KENTUCKY DEPARTMENT OF CORRECTIONS
APPELLEE
OPINION
AFFIRMING
** ** ** ** **
BEFORE:
GUDGEL, CHIEF JUDGE; DYCHE, AND MILLER, JUDGES.
MILLER, JUDGE:
Larry Wayne Palmer brings this pro se appeal from
an August 18, 1999, order of the Morgan Circuit Court.
We
affirm.
On July 29, 1999, appellant filed a civil complaint
sounding in tort against the Commonwealth of Kentucky, Department
of Corrections (Department of Corrections), and certain
correctional officers.
On August 18, 1999, the circuit court
dismissed the complaint, thus precipitating this appeal.
Appellant contends the circuit court committed
reversible error by dismissing the tort claims against the
Department of Corrections and the correctional officers.
disagree.
We
We are of the opinion the Department of Corrections is
a department of the Commonwealth of Kentucky and thus cloaked
with sovereign immunity.
As appellant failed to specifically
name the correctional officers in the notice of appeal, we do not
believe they are parties to the appeal.
Ky. R. Civ. P. 73.03;
See Schultz v. Chadwell, Ky. App., 548 S.W.2d 181 (1977).
In
sum, we hold that the Department of Corrections is shielded with
sovereign immunity and that the circuit court correctly dismissed
appellant's tort claims.
For the foregoing reasons, the order of the Morgan
Circuit Court is affirmed.
ALL CONCUR.
BRIEF FOR APPELLANT:
BRIEF FOR APPELLEE:
Larry Wayne Palmer, Pro Se
Eddyville, Kentucky
John T. Damron
Frankfort, Kentucky
-2-
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
