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Case Name Campbell County v. Com. Kentucky Corrections Cabinet PC-KY-0003
Docket / Court 84-1408 ( State Court )
State/Territory Kentucky
Case Type(s) Prison Conditions
Case Summary
Prisoners in Kentucky brought suit in several different cases, which were consolidated when brought before the Supreme Court of Kentucky, alleging that the controlled intake procedure established by the Kentucky Corrections Cabinet (KCC), the state agency responsible for the classification, ... read more >
Prisoners in Kentucky brought suit in several different cases, which were consolidated when brought before the Supreme Court of Kentucky, alleging that the controlled intake procedure established by the Kentucky Corrections Cabinet (KCC), the state agency responsible for the classification, segregation and transfer of prisoners in state penal institutions, violated the Kentucky Constitution, §254, and certain other statutes. The controlled intake procedure was an internal policy formulated by the KCC to control the intake of prisoners into state custody. The purpose of the controlled intake policy was to reduce overcrowded conditions that existed in some state penal facilities. This plan refused to accept transfer of state prisoners from the local county jails to state penal facilities except on a space-available basis. The plan also provided a prisoner assessment and classification procedure to regulate the decision as to when to accept state prisoners. The prisoners argued that the arrangement violated their rights to be housed within the state prison system.

The Supreme Court of Kentucky (Justice Leibson) held that the constitutional and statutory scheme mandated the KCC to accept delivery of all convicted felons who had been ordered committed to its care. Campbell County v. Com. Kentucky Corrections Cabinet, 762 S.W.2d 6 (Ky. 1988). The Supreme Court further found that a contempt remedy was appropriate to force the KCC to accept transfer of prisoners from county jails and that state prisoners should not be refused an order compelling transfer into the state penal system beyond 45 days. The Court referred to the Sixth Circuit Court of Appeals decision in Tate v. Frey, 735 F.2d 986 (6th Cir. 1984), (JC-KY-001), which emphasized the responsibility imposed by the Kentucky Constitution on the state prison system to take custody of convicted felons and to supervise their care. That decision held that the state government cannot shift the burden for overcrowding in prisons to the local level. In a dissenting opinion in Campbell, Justice Vance dissented to those parts of the opinion that required the transfer of prisoners from county jails where the county is agreeable to housing the prisoners.

No docket is available for this case on PACER because it arose in state court.

Tom Madison - 04/02/2006


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Issues and Causes of Action
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Issues
Crowding
Crowding / caseload
General
Administrative segregation
Classification / placement
Plaintiff Type
Private Plaintiff
Type of Facility
Government-run
Causes of Action State law
Defendant(s) Commonwealth of Kentucky Corrections Cabinet
Plaintiff Description Prisoners held in county jails who have been ordered by circuit courts committed to the custody of the Kentucky Corrections Cabinet to carry out their sentence, but the Corrections Cabinet has refused their custody
Indexed Lawyer Organizations None on record
Class action status sought No
Class action status granted No
Prevailing Party Plaintiff
Public Int. Lawyer No
Nature of Relief Injunction / Injunctive-like Settlement
Source of Relief Litigation
Form of Settlement None on record
Order Duration 1988 - n/a
Case Closing Year n/a
Case Ongoing No
Additional Resources
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Case Studies Civil Rights Injunctions Over Time: A Case Study of Jail and Prison Court Orders
N.Y.U. Law Review
By: Margo Schlanger (Washington University)
Citation: 81 N.Y.U. L. Rev. 550 (2006)
[ Detail ] [ PDF ] [ External Link ]

  Judicial Policy Making and the Modern State: How the Courts Reformed America's Prisons
By: Malcolm M. Feeley & Edward Rubin (UC Berkeley Boalt Hall School of Law & Vanderbilt School of Law Faculty)
Citation: (1998)
[ Detail ]

Docket(s)
No docket sheet currently in the collection
General Documents
Reported Opinion 01/19/1989 (762 S.W.2d 6)
PC-KY-0003-0001 PDF | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Judges None on record
Monitors/Masters None on record
Plaintiff's Lawyers Elfers, John R. (Kentucky)
PC-KY-0003-0001
Huelsmann, Martin J. (Kentucky)
PC-KY-0003-0001
Twehues, Paul H. Jr. (Rhode Island)
PC-KY-0003-0001
Defendant's Lawyers Jones, Barbara Willett (Kentucky)
PC-KY-0003-0001
Malone, Connie V. (Kentucky)
PC-KY-0003-0001
Sexton, David A. (Kentucky)
PC-KY-0003-0001
Other Lawyers Connelly, Allison I. (Kentucky)
PC-KY-0003-0001
Gardner, Edward W. (Kentucky)
PC-KY-0003-0001
Riddell, Tim (Kentucky)
PC-KY-0003-0001
Taylor, Kenneth R. (Kentucky)
PC-KY-0003-0001

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