Kimberly Bennett v. Kentucky Community & Technical College System

Summary

The court held that sovereign immunity does not bar purely declaratory relief, constitutional takings claims, or claims seeking refunds of funds that were never due to the state. It held, however, that sovereign immunity bars claims seeking repayment of funds that were due to the state, even if collected unlawfully or improperly, and that the 2022 statutory amendment mooted only prospective declaratory claims in the Medical Case. The court also held that sovereign immunity could be considered during a timely interlocutory class-certification appeal despite the defendants' failure to separately appeal the earlier immunity ruling within thirty days.