Kentucky State Police v. ScottAnnotate this Case
The failure of Terry Scott and Damon Fleming to appeal the denial of their respective grievances against the Kentucky State Police (KSP) by the Personnel Cabinet precluded their subsequent action filed in the circuit court. The trial court dismissed most of Scott’s and Fleming’s claims but nevertheless permitted the case to go forward. After a trial, the court held that Scott and Fleming had met their burden of showing a prima facie case of an equal protection violation, entitling them to equitable relief. The court of appeals affirmed, thus rejecting KSP’s argument that Scott and Fleming had failed to exhaust their administrative remedies. The Supreme Court reversed, holding that Scott’s and Fleming’s failure to exhaust administrative remedies barred their direct action in the circuit court.