Case: Foster v. Kassulke

3:89-cv-00160 | U.S. District Court for the Western District of Kentucky

Filed Date: March 2, 1989

Closed Date: 1990

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Case Summary

On 6/30/1989, a criminal defendant in Kentucky filed suit in the United States District Court for the Western District of Kentucky against the Department of Public Advocacy (DPA) under 42 U.S.C. §1983 and Kentucky state law claiming that DPA's decision to limit attorney compensation to $2500 violated her rights to due process, equal protection and effective counsel. As a result of this, plaintiff claimed that she was disadvantaged in prosecuting her appeal of five death sentences in the Kentuc…

On 6/30/1989, a criminal defendant in Kentucky filed suit in the United States District Court for the Western District of Kentucky against the Department of Public Advocacy (DPA) under 42 U.S.C. §1983 and Kentucky state law claiming that DPA's decision to limit attorney compensation to $2500 violated her rights to due process, equal protection and effective counsel. As a result of this, plaintiff claimed that she was disadvantaged in prosecuting her appeal of five death sentences in the Kentucky Supreme Court. Plainitiff also alleged that the state refused to provide her with a written transcript of her criminal trial. Plaintiff sought both declaratory and injunctive relief, asking that the court order DPA to pay reasonable attorney's fees and to provide her with a written transcript of video testimony. Plaintiff is represented by an appointed attorney.

The District Court dismissed her claim under Rule 12(b)(6) of the Federal Rules of Civil Procedure on the grounds that she lacked standing. The District Court abstained from deciding the transcript issue holding that since there is a criminal prosecution currently pending, Younger v. Harris 401 U.S. 37 requires noninterference by a Federal Court.

On March 22, 1990, the Court of Appeals (Kennedy, J.) affirmed the District Court's ruling, but found that it should have also abstained from deciding the attorney compensation issue on the same grounds as it did the video transcript. On May 4, 1990 rehearing was denied.

Summary Authors

Dayna Frenkel (3/2/2009)

People


Judge(s)

Guy, Ralph B. Jr. (Michigan)

Kennedy, Cornelia Groefsema (Michigan)

Lively, Pierce (Kentucky)

Attorney for Plaintiff
Attorney for Defendant

Jones, Barbara Willett (Kentucky)

Logan, Edwin A. (Kentucky)

Judge(s)

Guy, Ralph B. Jr. (Michigan)

Kennedy, Cornelia Groefsema (Michigan)

Lively, Pierce (Kentucky)

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Documents in the Clearinghouse

Document

89-05838

Opinion

U.S. Court of Appeals for the Sixth Circuit

March 22, 1990

March 22, 1990

Order/Opinion

898 F.2d 898

Resources

Docket

Last updated March 20, 2024, 3:12 a.m.

Docket sheet not available via the Clearinghouse.

Case Details

State / Territory: Kentucky

Case Type(s):

Indigent Defense

Key Dates

Filing Date: March 2, 1989

Closing Date: 1990

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Plaintiff is a prisoner who was convicted in a Kentucky state court where she received five death sentences and was presently appealing that case. She filed the present suit alleging that state court procedures violated her rights to a meaningful appeal.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Justices of the Supreme Court of Kentucky, State

Department of Public Advocacy, State

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Constitutional Clause(s):

Due Process

Equal Protection

Available Documents:

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

Litigation

Issues

Reproductive rights:

Fetus Identity

General:

Funding