Civil Rights Litigation Clearinghouse

Case: Cole v. Warren County

1:11-cv-00189 | U.S. District Court for the Western District of Kentucky

Filed Date: Dec. 12, 2011

Closed Date: 2012

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Case Summary

On December 12, 2011, two former inmates of the Warren County Jail (“Jail”) filed this class-action lawsuit in the U.S. District Court for the Western District of Kentucky. The plaintiffs sued Warren County (“County”) and the South Central Bank of Bowling Green (“Bank”) under 42 U.S.C §1983 and Section 10 of the Kentucky Constitution. The plaintiffs, represented by private counsel, sought injunctive and monetary relief, claiming violations of the Fourth and Fourteenth Amendments to the U.S. Constitution. The plaintiffs argue that the Warren County Jail had a policy of taking checks and cash from the inmates during their admission and, without their knowledge or consent, presenting the checks and cash to the Bank, which accepted them for deposit into Jail’s accounts at the Bank. The plaintiffs also alleged that the Jail retained proceeds of such checks and cash without plaintiff’s consent, and in excess of the amounts authorized by the state law (KRS 441.265) to cover the charges and fees the Jail was entitled to receive.

The plaintiffs proposed three classes:

(a) all persons incarcerated in the Jail who were not sentenced prisoners who have had checks in their possession when admitted to the Jail taken, endorsed and deposited by the County Defendants in the Jail’s account or accounts with the Bank or other financial institutions;
(b) all persons incarcerated in the Jail who were not sentenced prisoners who have had the cash and checks in their possession when admitted to the Jail retained by the County Defendants without their written consent, and/or in violation of and/or in excess of sums permitted under KRS § 441.265; and
(c) all persons incarcerated in the Jail who were not sentenced prisoners who have had the cash and checks in their possession when admitted to the Jail retained by the County Defendants without giving an accounting to such persons upon release from the Jail.

The Bank moved to dismiss the complaint on January 20, 2012. It alleged the plaintiffs had failed to state a claim under 42 U.S.C §1983, because (i) the Bank did not act under color of state law, and (ii) the plaintiffs' constitutional rights were not infringed. Moreover, it argued that the plaintiffs' complaint did not contain plausible violations of Kentucky Law. In the alternative, the Bank stated that the state law claims should not be examined by the court.

The County filed a motion for summary judgment on the same day. It argued that (i) part of the claims related to a 2003 incarceration of one of the plaintiffs and, thus, were barred by the statute of limitations; and (ii) the plaintiffs could not state a claim under 42 U.S.C. §1983 because the Jail policy did not violate plaintiffs’ constitutional rights and there was no state law violation. Additionally, the County stated that the state law claims failed, and that the plaintiffs failed to exhaust their administrative remedies established by Kentucky before bringing the suit.

On April 16, 2012, the plaintiffs filed a motion for leave to file an amended complaint, in order to (i) add a new plaintiff and class representative, (ii) specify that the Bank was a state actor and its conduct was taken under color of state law, and (iii) add a claim for violation of the Fair Debt Collection Practices Act.

On May 29, 2012, Judge Joseph H. McKinley, Jr. granted the Bank’s motion to dismiss and the County’s motion for summary judgment as to the 42 U.S.C. §1983 claim. The opinion stated (i) the jail policy was not an unreasonable seizure under the Fourth Amendment, provided the provision of KRS § 441.265 were followed; (ii) a 42 U.S.C. §1983 claim was not the appropriate remedy for the plaintiffs, thus their allegations concerning their Fourteenth Amendment rights should be dismissed; and (iii) the Bank was not acting under the color of state law for purposes of a §1983 claim. The opinion also denied plaintiffs’ motion for leave to file an amended class action complaint, stating that the Fair Debt Collection Practices Act was not applicable to the case and, therefore, the amendment was futile. Finally, Judge Joseph H. McKinley, Jr. declined to exercise supplemental jurisdiction over the state law claims, dismissing them without prejudice. The case was then closed.

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Summary Authors

Daniele de Oliveira Nunes (2/9/2019)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4988376/parties/cole-v-warren-county-kentucky/

Judge(s)

Brennenstuhl, H. Brent (Kentucky)

McKinley, Joseph H. Jr. (Kentucky)

Attorneys(s) for Plaintiff

Bathurst, Camille (Kentucky)

Belzley, Gregory A. (Kentucky)

Logsdon, Gary S. (Kentucky)

Attorneys(s) for Defendant

Blankenship, Stacey A. (Kentucky)

Lewis, Benjamin J. (Kentucky)

Moore, Douglas R. (Kentucky)

Riddle, Mark S. (Kentucky)

Judge(s)

Brennenstuhl, H. Brent (Kentucky)

McKinley, Joseph H. Jr. (Kentucky)

Attorneys(s) for Plaintiff

Bathurst, Camille (Kentucky)

Belzley, Gregory A. (Kentucky)

Logsdon, Gary S. (Kentucky)

Attorneys(s) for Defendant

Blankenship, Stacey A. (Kentucky)

Lewis, Benjamin J. (Kentucky)

Moore, Douglas R. (Kentucky)

Riddle, Mark S. (Kentucky)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
1:11-cv-00189	Docket [PACER]	May 31, 2012	May 31, 2012 Docket
1 1:11-cv-00189	Class Action Complaint	Dec. 12, 2011	Dec. 12, 2011 Complaint
30 1:11-cv-00189	Order Granting Motion to Dismiss	May 29, 2012	May 29, 2012 Order/Opinion

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/4988376/cole-v-warren-county-kentucky/

Last updated Aug. 25, 2022, 3:28 a.m.

ECF Number	Description	Date	Link Date / Link
1	CLASS ACTION COMPLAINT filed by Stuart Cole and Loren Patterson, individually and on behalf of all others similarly situated against Warren County, Kentucky; Mike Buchanon; Jackie T. Strode; Jeff Robbins; Pat Watt; Misse Cooper−Edmonds; Gayle Eston; South Central Bank of Bowling Green, Inc.; Ellen Lee Bale; and Tommy Ross. Filing fee $350, receipt number 0644−1339850. (Attachments: # 1 Cover Sheet, # 2 Tendered Summonses) (TJD) (Entered: 12/12/2011)	Dec. 12, 2011	Dec. 12, 2011
3	Summonses Issued as to Warren County, Kentucky; Mike Buchanon; Jackie T. Strode; Jeff Robbins; Pat Watt; Misse Cooper−Edmonds; Gayle Eston; South Central Bank of Bowling Green, Inc.; Ellen Lee Bale; and Tommy Ross. Counsel for Plaintiff is responsible for printing and serving the attached issued summonses. (TJD) (Entered: 12/12/2011)	Dec. 12, 2011	Dec. 12, 2011
4	ORDER by Chief Judge Joseph H. McKinley, Jr. (EBOC) on 12/12/2011; Referring Case to Magistrate Judge E. Robert Goebel pursuant to 28:636(b)(1)(A) for disposition of all non−dispositive motions. cc: Counsel, ERG, PH, KL (TJD) (Entered: 12/12/2011)	Dec. 12, 2011	Dec. 12, 2011
5	ANSWER to 1 Complaint, by Mike Buchanon, Misse Cooper−Edmonds, Gayle Eston, Jeff Robbins, Jackie T. Strode, Warren County, Kentucky, Pat Watt. (Blankenship, Stacey) (Entered: 12/29/2011)	Dec. 29, 2011	Dec. 29, 2011
6	MOTION to Dismiss SOUTH CENTRAL BANK OF BOWLING GREEN, INC., ELLEN BALE AND TOMMY ROSS by Defendants Ellen Lee Bale, Tommy Ross, South Central Bank of Bowling Green, Inc. Responses due by 2/13/2012 (Attachments: # 1 Memorandum in Support, # 2 Exhibit A − Ordinance Authorizing and Directing Prisoner Fee and Expense Reimbursement, # 3 Exhibit B − Warren Fiscal Court Minutes, # 4 Exhibit C − Warren County Jail − Inmate Rights & Rules and Services Offered to Inmates, # 5 Proposed Order) (Lewis, Benjamin) (Entered: 01/20/2012)	Jan. 20, 2012	Jan. 20, 2012
7	MOTION for Summary Judgment by Defendants Mike Buchanon, Misse Cooper−Edmonds, Gayle Eston, Jeff Robbins, Jackie T. Strode, Warren County, Kentucky, Pat Watt Responses due by 2/13/2012 (Attachments: # 1 Memorandum in Support of County Motion for Summary Judgment, # 2 Exhibit A − Ordinance, # 3 Exhibit B − Inmate Rights & Rules, # 4 Exhibit C − Cole's Jail account, # 5 Exhibit D − Cole's account history, # 6 Exhibit E − Cole's booking sheets, # 7 Exhibit F − Cole's property receipt, # 8 Exhibit G − Inmate rights signed by Cole, # 9 Exhibit H − Patterson's booking sheet, # 10 Exhibit I − Patterson's account history, # 11 Exhibit J − bank notice, # 12 Exhibit K − Inmate rights signed by Patterson, # 13 Exhibit L − Patterson's property receipt, # 14 Proposed Order to Motion for Summary Judgment) (Blankenship, Stacey) (Entered: 01/20/2012)	Jan. 20, 2012	Jan. 20, 2012
8	Proposed Agreed Order/Stipulation for Extension of Time for Plaintiffs to Respond to Motions by Ellen Lee Bale, Mike Buchanon, Stuart Cole, Misse Cooper−Edmonds, Gayle Eston, Loren Patterson, Jeff Robbins, Tommy Ross, South Central Bank of Bowling Green, Inc., Jackie T. Strode, Warren County, Kentucky, Pat Watt. (Belzley, Gregory) (Entered: 01/23/2012)	Jan. 23, 2012	Jan. 23, 2012
9	ORDER by Magistrate Judge E. Robert Goebel on 1/27/2012; By agreement of parties, IT IS ORDERED that the plaintiff shall have to and including 2/20/2012 to respond to Defendants' dispositive motion. cc:counsel (PHB) (Entered: 01/30/2012)	Jan. 30, 2012	Jan. 30, 2012
10	RESPONSE to Motion re 6 MOTION to Dismiss SOUTH CENTRAL BANK OF BOWLING GREEN, INC., ELLEN BALE AND TOMMY ROSS filed by Stuart Cole, Loren Patterson. Replies due by 3/8/2012. (Attachments: # 1 Exhibit Original SB 332, # 2 Exhibit SB 332 legislative history, # 3 Exhibit Floor amendment 1, # 4 Exhibit Floor amendment 2, # 5 Exhibit Inmates' rights, # 6 Exhibit Fiscal Court ordinance, # 7 Proposed Order) (Belzley, Gregory) (Entered: 02/20/2012)	Feb. 20, 2012	Feb. 20, 2012
11	RESPONSE to Motion re 7 MOTION for Summary Judgment by County Defendants filed by Stuart Cole, Loren Patterson. Replies due by 3/8/2012. (Attachments: # 1 Exhibit Original SB 332, # 2 Exhibit SB 332 legislative history, # 3 Exhibit Floor amendment 1, # 4 Exhibit Floor amendment 2, # 5 Exhibit Inmates' rights, # 6 Exhibit Fiscal Court ordinance, # 7 Proposed Order) (Belzley, Gregory) Modified attachment description on 2/21/2012 (CDF). (Entered: 02/20/2012)	Feb. 20, 2012	Feb. 20, 2012
12	MOTION for Leave to File Excess Pages Motion to File Reply to Response to Motion for Summary Judgment that Exceeds 15 Page Limitation by Defendants Mike Buchanon, Misse Cooper−Edmonds, Gayle Eston, Jeff Robbins, Jackie T. Strode, Warren County, Kentucky, Pat Watt Responses due by 3/29/2012 (Attachments: # 1 Proposed Order Granting Motion to File Reply that Exceeds 15 page limit, # 2 Reply Davis, # 4 Exhibit B − Warren County Fiscal Court, # 5 Exhibit C − Affidavit Pat Watt, # 6 Exhibit D − Inmate Account Transactions, # 7 Exhibit E − Plaintiff's Court Net Criminal History) (Blankenship, Stacey) (Entered: 03/05/2012)	March 5, 2012	March 5, 2012
13	Proposed Agreed Order/Stipulation Allowing Until March 19, 2012 for SCB Defendants to File Reply by Stuart Cole, Loren Patterson, South Central Bank of Bowling Green, Inc., Ellen Lee Bale, and Tommy Ross. (Lewis, Benjamin) Modified to add filers on 3/7/2012 (CDF). (Entered: 03/06/2012)	March 6, 2012	March 6, 2012
14	AGREED ORDER by Chief Judge Joseph H. McKinley, Jr. on 3/7/2012. IT IS HEREBY ORDERED that the SCB Defendants shall have to and including 3/19/2012 by which to file a Reply in Support of their Motion to Dismiss 6 . cc: Counsel (CDF) (Entered: 03/07/2012)	March 7, 2012	March 7, 2012
15	ORDER GRANTING MOTION TO FILE REPLY THAT EXCEEDS THE 15−PAGE LIMIT granting 12 Motion for Leave to File Excess Pages. Signed by Chief Judge Joseph H. McKinley, Jr on 3/8/2012. cc: Counsel (CDF) (Entered: 03/08/2012)	March 8, 2012	March 8, 2012
16	REPLY to Response to Motion re 7 MOTION for Summary Judgment filed by Mike Buchanon, Misse Cooper−Edmonds, Gayle Eston, Jeff Robbins, Jackie T. Strode, Warren County, Kentucky, Pat Watt. (Attachments: # 1 Exhibit A − Affidavit of Tammy Davis, # 2 Exhibit B − Warren County Fiscal Court, # 3 Exhibit C − Affidavit of Pat Watt, # 4 Exhibit D − Inmate Account Transactions, # 5 Exhibit E − Plaintiff's Court Net Criminal History) (CDF) (Entered: 03/08/2012)	March 8, 2012	March 8, 2012
17	REPLY to Response to Motion re 6 MOTION to Dismiss SOUTH CENTRAL BANK OF BOWLING GREEN, INC., ELLEN BALE AND TOMMY ROSS filed by Ellen Lee Bale, Tommy Ross, South Central Bank of Bowling Green, Inc.. (Riddle, Mark) Modified event text on 3/20/2012 (CDF). (Entered: 03/19/2012)	March 19, 2012	March 19, 2012
18	MOTION for Leave to File Surreply by Plaintiffs Stuart Cole, Loren Patterson Responses due by 4/22/2012 (Attachments: # 1 Exhibit Plaintiffs' Surreply, # 2 Proposed Order) (Belzley, Gregory) (Entered: 03/29/2012)	March 29, 2012	March 29, 2012
19	RESPONSE to Motion re 18 MOTION for Leave to File Surreply filed by Mike Buchanon, Misse Cooper−Edmonds, Gayle Eston, Jeff Robbins, Jackie T. Strode, Warren County, Kentucky, Pat Watt. Replies due by 4/21/2012. (Attachments: # 1 Proposed Order to Response to Motion for Leave to File Sur−Reply) (Blankenship, Stacey) (Entered: 04/04/2012)	April 4, 2012	April 4, 2012
20	RESPONSE to Motion Plaintiff's Motion for Leave to File a Surreply and Proposed Order filed by South Central Bank of Bowling Green, Inc.. Replies due by 4/26/2012. (Lewis, Benjamin) (Additional attachment(s) added on 4/10/2012: # 1 Proposed Order) (JBM). (Entered: 04/09/2012)	April 9, 2012	April 9, 2012
21	MOTION for Leave to File First Amended Class Action Complaint by Plaintiffs Stuart Cole, Loren Patterson Responses due by 5/9/2012 (Attachments: # 1 Exhibit Amended Complaint, # 2 Proposed Order) (Belzley, Gregory) (Entered: 04/15/2012)	April 15, 2012	April 15, 2012
22	MOTION for Leave to File Supplemental Response to Motions to Dismiss and for Summary Judgment by Plaintiffs Stuart Cole, Loren Patterson Responses due by 5/10/2012 (Attachments: # 1 Exhibit Proposed First Amended Class Action Complaint, # 2 Exhibit Jones case file, # 3 Proposed Order) (Belzley, Gregory) (Attachment 2 replaced on 5/31/2012) (CDF). (Entered: 04/16/2012)	April 16, 2012	April 16, 2012
23	MOTION to Strike and Substitute 22 MOTION for Leave to File Supplemental Response to Motions to Dismiss and for Summary Judgment . Document or Part to be Stricken and/or Substituted: Exhibit 2by Plaintiffs Stuart Cole, Loren Patterson Responses due by 5/7/2012 (Attachments: # 1 Exhibit Redacted Jones file, # 2 Proposed Order) (Belzley, Gregory) (Entered: 04/19/2012)	April 19, 2012	April 19, 2012
24	RESPONSE to Motion re 21 MOTION for Leave to File First Amended Class Action Complaint Response and Objection to Plaintiffs' Motion for Leave to File First Amended Class Action Complaint filed by Mike Buchanon, Misse Cooper−Edmonds, Gayle Eston, Jeff Robbins, Jackie T. Strode, Warren County, Kentucky, Pat Watt. Replies due by 5/6/2012. (Attachments: # 1 Proposed Order Deny Plaintiffs' 1st Amended Class) (Blankenship, Stacey) (Entered: 04/19/2012)	April 19, 2012	April 19, 2012
26	REPLY to Response to Motion re 22 MOTION for Leave to File Supplemental Response to Motions to Dismiss and for Summary Judgment filed by Stuart Cole, Loren Patterson. (Belzley, Gregory) (Entered: 04/20/2012)	April 20, 2012	April 20, 2012
27	REPLY to Response to Motion re 21 MOTION for Leave to File First Amended Class Action Complaint filed by Stuart Cole, Loren Patterson. (Belzley, Gregory) (Entered: 04/20/2012)	April 20, 2012	April 20, 2012
28	RESPONSE to Motion re 21 MOTION for Leave to File First Amended Class Action Complaint filed by Ellen Lee Bale, Tommy Ross, South Central Bank of Bowling Green, Inc.. Replies due by 5/13/2012. (Attachments: # 1 Proposed Order to Motion for Leave to File An Amended Complaint) (Lewis, Benjamin) (Entered: 04/26/2012)	April 26, 2012	April 26, 2012
29	REPLY to Response to Motion re 21 MOTION for Leave to File First Amended Class Action Complaint filed by Stuart Cole, Loren Patterson. (Attachments: # 1 Exhibit Bridge v. Ocwen Federal Bank, # 2 Exhibit Gamby v. Equifax Information Systems) (Belzley, Gregory) (Entered: 05/10/2012)	May 10, 2012	May 10, 2012
	Pursuant to GO 12−04, Magistrate Judge H. Brent Brennenstuhl added. Magistrate Judge E. Robert Goebel no longer assigned to case. (TJD) (Entered: 05/11/2012)	May 11, 2012	May 11, 2012
31	JUDGMENT by Chief Judge Joseph H. McKinley, Jr. IT IS HEREBY ORDERED that judgment be entered in favor of the Defendants consistent with the Court's Memorandum Opinion and Order (DN 30 ) and the Plaintiffs' 42 U.S.C. 1983 claim be dismissed with prejudice. Plaintiffs' State law claims are DISMISSED without prejudice. cc: Counsel (CDF) (Entered: 05/30/2012)	May 30, 2012	May 30, 2012
32	PLAINTIFFS' SURREPLY re 6 MOTION to Dismiss, and 7 MOTION for Summary Judgment, filed by Stuart Cole, Loren Patterson. (CDF) (Entered: 05/30/2012)	May 30, 2012	May 30, 2012
33	ORDER by Magistrate Judge H. Brent Brennenstuhl on 5/30/2012 granting 23 Motion to Strike and substitute. ORDERED that the original Exhibit 2 to Plaintiffs' motion for leave of Court to supplement response to Defendants' motions to dismiss and for summary judgment is hereby STRICKEN, and the document attached as Exhibit 1 to Plaintiffs' motion to strike shall be substituted in its place. cc: Counsel (CDF) (Entered: 05/31/2012)	May 31, 2012	May 31, 2012
30	MEMORANDUM OPINION AND ORDER by Chief Judge Joseph H. McKinley, Jr. on 5/29/2012. For the reasons set forth, IT IS HEREBY ORDERED that SCB Defendants' motion to dismiss (DN 6 ) and County Defendants' motion for summary judgment (DN 7 ) a re GRANTED as to the 42 U.S.C. 1983 claim. The State law claims are DISMISSED without prejudice. Plaintiffs' motion for leave to file surreply (DN 18 ) is GRANTED and was taken into consideration in the Court's decision. Plaintiffs' motion for leave to file an amended class action complaint (DN 21 ) is DENIED. Plaintiffs' motion for leave to file supplemental response to motions to dismiss and for summary judgment (DN 22 ) is DENIED AS MOOT. cc: Counsel (CDF)	May 30, 2012	May 30, 2012 RECAP