Kentucky Supreme Court

Jeffery T. Pearce v. University of Louisville, by and Through Its Board of Trustees, Appellee and Stephen Derrick…

December 18, 2014448 S.W.3d 746

Summary

The Kentucky Supreme Court held that KRS 15.520 applies to police-disciplinary proceedings arising from both citizen complaints and intra-departmental allegations. Reading the statute as a whole, the court found no textual basis for limiting its administrative due-process protections to complaints originating outside the department and concluded that the Court of Appeals had improperly added such a limitation. Chief Justice Minton, dissenting, would have affirmed because the statute should be harmonized with Kentucky's existing, graduated disciplinary framework, while Justice Keller concurred in the majority's interpretation for additional reasons.