St. Luke Hosp. v. StraubAnnotate this Case
Shannon Straub was arrested by a police officer, who took her to a hospital emergency department for examination. After Straub became combative, hospital personnel physically restrained Straub, gowned her, applied restraints, drew blood, and extracted a urine sample. After suing unsuccessfully in federal court, Straub brought an action in the state trial court against Defendants, the emergency room doctor, the hospital, its employees, the police officer, and the city. In her complaint, Straub alleged that Defendants violated her rights under the Kentucky Constitution and asserted various common law tort claims. The trial court dismissed before trial Straub's claims that the hospital defendants deprived Straub of her due process interests under the Kentucky Constitution. After a trial, a jury returned a verdict for all Defendants. The court of appeals reversed. At issue on appeal was whether an individual can bring a civil action for money damages under Ky. Rev. Stat. 446.070 on the basis of an alleged violation of a provision of the Kentucky Constitution. The Supreme Court reversed and reinstated the trial court's judgment, holding that section 446.070 does not provide money damages for alleged violations of the state Constitution.