Miller v. Admin. Office of the CourtsAnnotate this Case
Plaintiff, an employee of the Court of Justice, brought an action against the Administrative Office of the Courts (AOC), alleging violation of her due process rights and of the state's whistleblower statute in the termination of her employment. The circuit court dismissed her claims as being barred under the doctrine of res judicata because the issues in question had already been decided in federal court. The Supreme Court (1) reversed the portion of the circuit court judgment dismissing Plaintiff's claims founded on the potential violation of her due process rights under the state Constitution where there was nothing in the record below, or in the federal action, indicating there was a finding of whether Plaintiff's position with the AOC was tenured or at will, and if tenured, whether she was afforded her rights under the administrative procedures of the AOC; and (2) reversed the order of the circuit court dismissing Plaintiff's claim under the Kentucky whistleblower statute on the basis of issue preclusion where the final decision of the federal courts was deprived of one of the required tests in order for issue preclusion to apply to the state court action. Remanded.