Case: Kennedy v. Kentucky Department of Juvenile Justice

1:24-cv-00016 | U.S. District Court for the Western District of Kentucky

Filed Date: Jan. 15, 2024

Case Ongoing

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Case Summary

This is a case about a juvenile facility with allegations of abuse and neglect in Kentucky. Named plaintiffs, two juvenile individuals held at Adair County Youth Detention Center (ACYDC), filed a class action against the ACYDC, the Kentucky Department of Juvenile Justice (DJJ), the Kentucky Cabinet for Health and Family Services (CHFS), and various DJJ officials in the U.S. District Court for the Western District of Kentucky. The DJJ officials included its Commissioner, Executive Director of Of…

This is a case about a juvenile facility with allegations of abuse and neglect in Kentucky.

Named plaintiffs, two juvenile individuals held at Adair County Youth Detention Center (ACYDC), filed a class action against the ACYDC, the Kentucky Department of Juvenile Justice (DJJ), the Kentucky Cabinet for Health and Family Services (CHFS), and various DJJ officials in the U.S. District Court for the Western District of Kentucky. The DJJ officials included its Commissioner, Executive Director of Office of Program Operations Services, Division Director for Office of Detention, and the Executive Director for the Office of Detention. The complaint filed on January 15, 2024, alleged that they were subject to abuse and neglect, including being held in isolation, deprived of educational instruction, denied basic hygiene and showers, and denied prescribed medications.

This lawsuit was brought under 42 U.S.C. §1983, for violations of the rights, privileges, and immunities guaranteed by the Fourth, Eighth, and Fourteenth Amendments. The plaintiffs also alleged negligence under state negligence law arguing that the defendants were responsible for the education, medical care, and rehabilitation of the youth in its care and failed to adequately provide these services.

The plaintiffs sought a declaratory judgement, actual and punitive damages, and attorneys’ fees.

The plaintiffs also requested class certification. The proposed class consisted of all individuals who were held in isolation in the Detention Center where they were subjected to abuse and neglect, including being held in isolation, deprived of educational instruction, denied basic hygiene and showers, and denied prescribed medications. The class also included girls who were denied feminine hygiene products while menstruating and whose bodies were exposed to male view. The plaintiffs were represented by private counsel. The case was assigned to Chief Judge Greg N. Stivers.

On February 13, 2024, the plaintiff filed for a preliminary injunction and temporary restraining order. This motion is under seal, and details were not available to the Clearinghouse.

After a conference call, the parties filed an agreement on February 23, 2024, to keep the plaintiffs’ juvenile records under a protective order. This was approved by the court three days later.

On February 27, 2024, after a telephone conference, the court denied the plaintiffs’ request for a preliminary injunction and temporary restraining order as moot. The court granted the motion to file under seal.

The DJJ and its officials filed a motion to dismiss on April 9, 2024. The defendants argued that the plaintiffs’ requests for monetary relief against the defendants in their official capacities are claims barred by sovereign immunity. They also alleged the plaintiffs did not have standing to seek declaratory or injunctive relief because they were not housed in a juvenile detention center when they filed this lawsuit.

On April 10, 2024, the plaintiffs filed an amended complaint. The complaint added details about the history of Kentucky’s juvenile residential programs, including a 1995 consent decree requiring improvement of the system and two audits conducted after incidents at the detention center. The plaintiffs also added a new claim of discrimination under Americans with Disabilities Act (ADA) and Section 504, Rehabilitation Act for unspecified disabilities of the plaintiffs. The complaint also added three plaintiffs: two individuals formerly held at ACYDC, and one child currently at ACYDC. In addition, they added six defendants who are officials who possess a supervisory role in one of the government agencies or youth detention centers. Finally, the complaint expanded the proposed class description to include all individuals incarcerated by DJJ who were impacted by any the following: being involuntarily held alone in a cell for punishment or non-security threat reasons; subjected to the use of chemical agents or tasers; deprived of access to education; deprived of access to personal hygiene; denied access to medical and mental healthcare; denied access to dental care; and subjected to strip searches or had clothes forcibly removed by or within view of members of the opposite sex.

On April 24, 2024, defendant DJJ and defendants DJJ officials filed a renewed motion to dismiss regarding the individual capacity claims of DJJ employees. They alleged that as government officials, they were entitled to qualified immunity for the 42 U.S.C. §1983 and negligence claims. They also argued that the ADA and Rehabilitation Act claims cannot be made against public employees in their individual capacities. On the same day, the defendants DJJ and its official filed a separate motion to dismiss regarding the official capacity claims. They argued that the plaintiffs’ requests for monetary relief against the defendants in their official capacities are claims barred by sovereign immunity. They also alleged the plaintiffs did not have standing to seek declaratory or injunctive relief because they were not housed in a juvenile detention center when they filed this lawsuit. They also filed a motion to strike the newly added plaintiffs and defendants.

The Cabinet for Health and Family Services (CHFS) filed a motion to dismiss on May 8, 2024. They argued only the claims by one of the named plaintiffs, who was in foster care during the alleged actions, applied to it. Further, it argued that the constitutional claim against it should have been dismissed because CHFS is not a “person” under 42 U.S.C. 1983. On the negligence claim, it argued that sovereign immunity barred it. They also alleged that the plaintiff’s ADA and Rehabilitation Act Claims were time-barred and that plaintiffs failed to exhaust administrative remedies. Finally, it alleged the amended complaint referred to all defendants categorically and did not provide a sufficient factual basis to distinguish the conduct of CHFS.

On January 23, 2025, the court issued an order addressing all of the motions to dismiss and the motion to strike. 2025 WL 283227. The court granted in part and denied in part the motion to strike. First, the court permitted the plaintiffs to add the minor plaintiffs who had identified a next friend or requested the appointment of a guardian ad litem, but not those who did not. Next, the court dismissed the defendants’ first motion to dismiss (from April 9) in light of the amended complaint. Then, the court granted the defendants’ motion to dismiss from April 24 as to the official capacity claims, finding that the original two named plaintiffs lacked standing to file the lawsuit and they failed to state injunctive or declaratory claims for which relief could be granted. Then, the fourth motion to dismiss (also from April 24) was granted in part and denied in part. With the exception of one official who was alleged to have falsified incident reports, the plaintiffs’ allegations failed to overcome the defendants’ affirmative defenses of qualified immunity. The motion was granted as it related to individual liability under Section 1983 for all moving defendants, except for the one official. The court dismissed the ADA and Rehabilitation claims against defendants in their official capacity. The court also found that the state law negligence claims against all defendants survived. Last, the court granted the May 8 motion to dismiss, thus dismissing defendant CHFS from the lawsuit.

On February 3, 2025, the individual defendants filed an interlocutory appeal (Docket No. 25-5087) to the Sixth Circuit Court of Appeals. They challenged the District Court’s denial of their motion to dismiss on grounds of federal and state qualified immunity.

This case is ongoing.

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Summary Authors

Cara Claflin (5/11/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/68161854/parties/kennedy-v-kentucky-department-of-juvenile-justice/

Judge(s)

Attorney for Plaintiff

Agnew, James David (Kentucky)

Friend, John S. (Kentucky)

Attorney for Defendant

Baylous, Edward A. (Kentucky)

Bizzell, Mark F. (Kentucky)

Duke, Wesley W. (Kentucky)

Judge(s)

Stivers, Gregory N. (Kentucky)

Attorney for Plaintiff

Agnew, James David (Kentucky)

Friend, John S. (Kentucky)

Landenwich, Laura E. (Kentucky)

Stemle, Erin (Kentucky)

Attorney for Defendant

Baylous, Edward A. (Kentucky)

Bizzell, Mark F. (Kentucky)

Duke, Wesley W. (Kentucky)

Vogt, Blake A. (Kentucky)

Woolridge, Jamhal (Kentucky)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
1 1:24-cv-00016	Complaint	Jan. 15, 2024	Jan. 15, 2024 Complaint
9 1:24-cv-00016	Motion for Temporary Restraining Order and Preliminary Injunction	Feb. 13, 2024	Feb. 13, 2024 Pleading / Motion / Brief
22 1:24-cv-00016	Motion to Dismiss Official Capacity Claims	April 9, 2024	April 9, 2024 Pleading / Motion / Brief
28 1:24-cv-00016	Renewed Motion to Dismiss Official Capacity Claims	April 24, 2024	April 24, 2024 Pleading / Motion / Brief
29 1:24-cv-00016	Renewed Motion to Dismiss Individual Capacity Claims	April 24, 2024	April 24, 2024 Pleading / Motion / Brief
31 1:24-cv-00016	Motion to Dismiss	May 8, 2024	May 8, 2024 Pleading / Motion / Brief
46 1:24-cv-00016	Memorandum Opinion and Order	Jan. 23, 2025	Jan. 23, 2025 Order/Opinion 2025 WL 283227
47 1:24-cv-00016	Notice of Appeal to United States Court of Appeals for the Sixth Circuit	Feb. 3, 2025	Feb. 3, 2025 Pleading / Motion / Brief

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/68161854/kennedy-v-kentucky-department-of-juvenile-justice/

Last updated June 1, 2026, 12:32 p.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT filed by Jamiahia Kennedy, Willow Neal, against Kentucky Department of Juvenile Justice, Adair County Youth Detention Center, Kentucky Cabinet for Health and Family Services, Kerry Harvey, Vicki Reed, George Scott, James Sweatt, II, David Kazee, Tonya Burton, Christopher Rakes. (Filing fee $405, receipt number AKYWDC-3956452.) (Attachments: # 1 Summons TENDERED, # 2 Cover Sheet) (DeW) (Entered: 01/16/2024) 1 Summons TENDERED View on RECAP 2 Cover Sheet View on RECAP	Jan. 15, 2024	Jan. 15, 2024 Clearinghouse
2	Case Assignment (Random Selection): Case Assigned to Chief Judge Greg N. Stivers. (DeW) (Entered: 01/16/2024)	Jan. 16, 2024	Jan. 16, 2024 RECAP
3	Summonses Issued as to Adair County Youth Detention Center, Tonya Burton, Kerry Harvey, Kentucky Cabinet for Health and Family Services, Kentucky Department of Juvenile Justice, Christopher Rakes, Vicki Reed, George Scott, James Sweatt, II. Counsel for Plaintiff is responsible for printing and serving the attached issued summonses. (DeW) (Entered: 01/16/2024)	Jan. 16, 2024	Jan. 16, 2024 RECAP
4	NOTICE ON SUMMONS re 1 Complaint. Missing Summons for Defendant David Kazee, Division Director. (DeW) (Entered: 01/16/2024)	Jan. 16, 2024	Jan. 16, 2024
5	NOTICE of Filing Tendered Summons by Jamiahia Kennedy, Willow Neal re 1 Complaint, (Attachments: # 1 Summons Summons - D. Kazee) (Landenwich, Laura) (Entered: 01/16/2024)	Jan. 16, 2024	Jan. 16, 2024
6	Summons Issued as to David Kazee. Counsel for Plaintiff is responsible for printing and serving the attached issued summons(es). (TJD) (Entered: 01/16/2024)	Jan. 16, 2024	Jan. 16, 2024
7	NOTICE of Appearance by Edward A. Baylous, II on behalf of Tonya Burton (Baylous, Edward) (Entered: 02/09/2024)	Feb. 9, 2024	Feb. 9, 2024
8	MOTION for Extension of Time to File Answer re 1 Complaint, by Defendant Tonya Burton (Attachments: # 1 Proposed Order) (Baylous, Edward) (Entered: 02/09/2024)	Feb. 9, 2024	Feb. 9, 2024
9	MOTION for Preliminary Injunction and Temporary Restraining Order by Plaintiffs Jamiahia Kennedy, Willow Neal (Attachments: # 1 Memorandum in Support, # 2 Exhibit Ex. 1 - Under Seal, # 3 Exhibit Ex. 2 - Affidavit, # 4 Proposed Order) (Landenwich, Laura) (Entered: 02/13/2024)	Feb. 13, 2024	Feb. 13, 2024 Clearinghouse
10	MOTION for Leave to Seal Document 9 MOTION for Preliminary Injunction and Temporary Restraining Order by Plaintiffs Jamiahia Kennedy, Willow Neal (Attachments: # 1 Proposed Order) (Landenwich, Laura) (Entered: 02/13/2024)	Feb. 13, 2024	Feb. 13, 2024 RECAP
11	Sealed Document re 10 by Plaintiffs Jamiahia Kennedy, Willow Neal (Attachments: # 1 Exhibit Exhibit 1) (Landenwich, Laura) (Entered: 02/13/2024)	Feb. 13, 2024	Feb. 13, 2024
12	TEXT ORDER by Chief Judge Greg N. Stivers on 2/14/2024. IT IS HEREBY ORDERED a Telephone Conference is set for 2/16/2024 at 1:30 PM CST/2:30 PM EST before Chief Judge Greg N. Stivers. Counsel for the parties shall connect to the call by dialing 888-808-6929 and entering access number 9986721. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. cc: Counsel of Record (TJD) (Entered: 02/14/2024)	Feb. 14, 2024	Feb. 14, 2024
13	NOTICE of Appearance by Mark F. Bizzell on behalf of Tonya Burton (Bizzell, Mark) (Entered: 02/14/2024)	Feb. 14, 2024	Feb. 14, 2024
	Order - TEXT ONLY	Feb. 14, 2024	Feb. 14, 2024
14	ORDER from proceedings held before Chief Judge Greg N. Stivers: Telephone Conference held on 2/16/2024. Telephone Conference set for 2/21/2024 at 2:30 PM CST before Chief Judge Greg N. Stivers. Counsel for the parties shall connect to the call by dialing 888-808-6929 and entering access code 9986721. (Court Reporter: ECRO DeAnna Whitney.) cc: counsel (DeW) (Entered: 02/16/2024)	Feb. 16, 2024	Feb. 16, 2024
15	WAIVER OF SERVICE Returned Executed by Kerry Harvey, Vicki Reed, Christopher Rakes, George Scott, David Kazee. Kerry Harvey waiver sent on 2/20/2024, answer due 4/22/2024; Vicki Reed waiver sent on 2/20/2024, answer due 4/22/2024; Christopher Rakes waiver sent on 2/20/2024, answer due 4/22/2024; George Scott waiver sent on 2/20/2024, answer due 4/22/2024; David Kazee waiver sent on 2/20/2024, answer due 4/22/2024. (Baylous, Edward) (Entered: 02/20/2024)	Feb. 20, 2024	Feb. 20, 2024
16	ORDER ON MOTION FOR EXTENSION OF TIME TO FILE ANSWER BY TONYA BURTON, IN HER INDIVIDUAL CAPACITY Signed by Chief Judge Greg N. Stivers on 2/22/2024 granting 8 Motion for Extension of Time. Defendant, Tonya Burton, in her individual capacity, shall have until 4/9/2024 to file her Answer to the Complaint. cc: Counsel (DeW) (Entered: 02/22/2024)	Feb. 22, 2024	Feb. 22, 2024
17	ORDER from proceedings held before Chief Judge Greg N. Stivers: Telephonic Conference held on 2/21/2024. Counsel for the parties shall file their agreed proposed protective order no later than 2/23/2024. Telephone Conference set for 2/27/2024 at 10:00 AM CST before Chief Judge Greg N. Stivers. Counsel for the parties shall connect to the call by dialing 888-808-6929 and entering access code 9986721. (Court Reporter: ECRO DeAnna Whitney.) cc: counsel (DeW) (Entered: 02/22/2024)	Feb. 22, 2024	Feb. 22, 2024
18	Proposed Agreed Order by Jamiahia Kennedy, Willow Neal. (Friend, John) (Entered: 02/23/2024)	Feb. 23, 2024	Feb. 23, 2024 RECAP
19	AGREED PROTECTIVE ORDER Signed by Chief Judge Greg N. Stivers on 2/23/2024 granting 18 Proposed Agreed Order. cc: Counsel (DeW) (Entered: 02/26/2024)	Feb. 26, 2024	Feb. 26, 2024 RECAP
20	ORDER from proceedings held before Chief Judge Greg N. Stivers: Telephone Conference held on 2/27/2024. The Motion for Temporary Restraining Order and Preliminary Injunction DN 9 is denied as moot. The Motion for Leave to File Under Seal DN 10 is granted. (Court Reporter: ECRO DeAnna Whitney.) cc: counsel (DeW) (Entered: 02/28/2024)	Feb. 28, 2024	Feb. 28, 2024
21	NOTICE of Appearance by Mark F. Bizzell on behalf of Kerry Harvey, David Kazee, Kentucky Department of Juvenile Justice, Christopher Rakes, Vicki Reed, George Scott, James Sweatt, II (Bizzell, Mark) (Entered: 04/03/2024)	April 3, 2024	April 3, 2024
22	MOTION to Dismiss by Defendants Tonya Burton, Kerry Harvey, David Kazee, Kentucky Department of Juvenile Justice, Christopher Rakes, Vicki Reed, George Scott, James Sweatt, II (Attachments: # 1 Proposed Order Granting Defendants' Motion to Dismiss Official Capacity Claims) (Bizzell, Mark) (Entered: 04/09/2024)	April 9, 2024	April 9, 2024 Clearinghouse
23	MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants Tonya Burton, Kerry Harvey, David Kazee, Christopher Rakes, Vicki Reed, George Scott, James Sweatt, II (Attachments: # 1 Memorandum in Support, # 2 Proposed Order) (Baylous, Edward) (Entered: 04/09/2024)	April 9, 2024	April 9, 2024 RECAP
24	AMENDED COMPLAINT against All Defendants, filed by Willow Neal, Jamiahia Kennedy, Chanchiz Brown, D.B., C.C.. (Attachments: # 1 Exhibit 1 - USDOJ Abstract, # 2 Exhibit 2 - Consent Decree, # 3 Exhibit 3 - Jan 2024 Article, # 4 Exhibit 4 - 2017 CCLP Audit, # 5 Exhibit 5 - Nov 2022 Article, # 6 Exhibit 6 - Jan 2023 Article, # 7 Exhibit 7 - KY Auditor Press Release) (Friend, John) (Additional attachment(s) added on 1/23/2025: # 8 SUBSTITUTED FIRST AMENDED COMPLAINT pursuant to Order at DN 46 ) (DeW). (Entered: 04/10/2024) 1 Exhibit 1 - USDOJ Abstract View on PACER 2 Exhibit 2 - Consent Decree View on PACER 3 Exhibit 3 - Jan 2024 Article View on PACER 4 Exhibit 4 - 2017 CCLP Audit View on PACER 5 Exhibit 5 - Nov 2022 Article View on PACER 6 Exhibit 6 - Jan 2023 Article View on PACER 7 Exhibit 7 - KY Auditor Press Release View on PACER	April 10, 2024	April 10, 2024 RECAP
25	NOTICE of Filing Summonses by Chanchiz Brown, C.C., D.B., Jamiahia Kennedy, Willow Neal re 24 Amended Complaint, (Attachments: # 1 Summons Adair County YDC Summons, # 2 Summons Campbell County YDC Summons, # 3 Summons Fayette County YDC Summons, # 4 Summons Joe Caskey Summons, # 5 Summons Keith Jackson Summons, # 6 Summons Kerry Harvey Summons, # 7 Summons KY Cabinet for Health & Family Summons, # 8 Summons KY Dept. of Juvenile Justice Summons, # 9 Summons KY Justice & Public Safety Cabinet, # 10 Summons Randy White Summons, # 11 Summons Tom Milburn Summons, # 12 Summons Vicki Reed Summons) (Landenwich, Laura) (Entered: 04/16/2024)	April 16, 2024	April 16, 2024
26	Summonses Issued as to Adair County Youth Detention Center, Campbell Regional Juvenile Detention Center, Fayette Regional Juvenile Detention Center, Joe Caskey, Keith Jackson, Kerry Harvey, Kentucky Cabinet for Health and Family Services, Kentucky Department of Juvenile Justice, Kentucky Justice and Public Safety Cabinet, Randy White, Tom Milburn, and Vicki Reed,. Counsel for Plaintiff is responsible for printing and serving the attached issued summonses. (TJD) (Entered: 04/16/2024)	April 16, 2024	April 16, 2024
27	MOTION to Strike 24 Amended Complaint, by Defendants Tonya Burton, Kerry Harvey, David Kazee, Christopher Rakes, Vicki Reed, George Scott, James Sweatt, II (Attachments: # 1 Proposed Order) (Baylous, Edward) (Entered: 04/24/2024)	April 24, 2024	April 24, 2024 RECAP
28	MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants Kentucky Department of Juvenile Justice, Kentucky Justice and Public Safety Cabinet, Kerry Harvey, Keith Jackson, Vicki Reed, Randy White, George Scott, David Kazee, James Sweatt, II, Tonya Burton, Christopher Rakes, Tom Milburn, and Joe Caskey. (Attachments: # 1 Proposed Order) (Baylous, Edward) Modified text and filers on 4/24/2024 (TJD). (Entered: 04/24/2024)	April 24, 2024	April 24, 2024 Clearinghouse
29	MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants Tonya Burton, Kerry Harvey, David Kazee, Christopher Rakes, Vicki Reed, George Scott, James Sweatt, II (Attachments: # 1 Proposed Order) (Baylous, Edward) (Entered: 04/24/2024)	April 24, 2024	April 24, 2024 Clearinghouse
30	RESPONSE to Motion re 22 MOTION to Dismiss, 23 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Chanchiz Brown, C.C., D.B., Jamiahia Kennedy, Willow Neal. (Friend, John) (Entered: 04/28/2024)	April 28, 2024	April 28, 2024
31	MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Kentucky Cabinet for Health and Family Services (Attachments: # 1 Proposed Order Proposed Order Granting Motion to Dismiss) (Woolridge, Jamhal) (Entered: 05/08/2024)	May 8, 2024	May 8, 2024 Clearinghouse
32	MOTION for Extension of Time to File Response/Reply as to 31 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, 27 MOTION to Strike 24 Amended Complaint,, 28 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, 29 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Plaintiffs Chanchiz Brown, C.C., D.B., Jamiahia Kennedy, Willow Neal (Attachments: # 1 Proposed Order) (Friend, John) (Entered: 05/14/2024)	May 14, 2024	May 14, 2024
33	TEXT ORDER signed by Chief Judge Greg N. Stivers on 5/22/2024 granting 32 Motion for Extension of Time. IT IS HEREBY ORDERED the Plaintiffs shall have up to and including 6/7/2024 to respond to the Defendants' Motions at DN 27, 28, 29, and 31 . This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.cc: Counsel of Record (TJD) (Entered: 05/22/2024)	May 22, 2024	May 22, 2024
	Order on Motion for Extension of Time to File Response/Reply	May 22, 2024	May 22, 2024
34	MOTION for Leave to Substitute Document by Plaintiffs Chanchiz Brown, C.C., D.B., Jamiahia Kennedy, Willow Neal (Attachments: # 1 Exhibit Amended Complaint with Corrected Heading, # 2 Proposed Order) (Landenwich, Laura) (Entered: 06/07/2024)	June 7, 2024	June 7, 2024 RECAP
35	RESPONSE to Motion re 27 MOTION to Strike 24 Amended Complaint, filed by Chanchiz Brown, C.C., D.B., Jamiahia Kennedy, Willow Neal. (Friend, John) (Entered: 06/07/2024)	June 7, 2024	June 7, 2024
36	NOTICE of Filing Summonses by Chanchiz Brown, C.C., D.B., Jamiahia Kennedy, Willow Neal re 24 Amended Complaint, (Attachments: # 1 Summons Dena Burton Summons, # 2 Summons Elzie Burgher Summons, # 3 Summons Marshay Boyd Summons) (Landenwich, Laura) (Entered: 06/07/2024)	June 7, 2024	June 7, 2024
37	Summonses Issued as to Marshay Boyd, Elzie Burgher, Dena Burton. Counsel for Plaintiff is responsible for printing and serving the attached issued summonses. (Attachments: # 1 Summons - Elzie Burgher, # 2 Summons - Marshay Boyd) (TJD) (Entered: 06/07/2024)	June 7, 2024	June 7, 2024
38	RESPONSE to Motion re 31 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, 29 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, 28 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Chanchiz Brown, C.C., D.B., Jamiahia Kennedy, Willow Neal. (Attachments: # 1 Exhibit 1 - AG Reno Release, # 2 Exhibit 2 - Civil Rights Division Findings Letter) (Friend, John) (Entered: 06/07/2024)	June 7, 2024	June 7, 2024
39	REPLY to Response to Motion re 31 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Kentucky Cabinet for Health and Family Services. (Woolridge, Jamhal) (Entered: 06/14/2024)	June 14, 2024	June 14, 2024
40	MOTION for Extension of Time to File Response/Reply as to 38 Response to Motion, by Defendants Tonya Burton, Kerry Harvey, David Kazee, Kentucky Department of Juvenile Justice, Kentucky Justice and Public Safety Cabinet, Christopher Rakes, Vicki Reed, George Scott, James Sweatt, II (Attachments: # 1 Proposed Order) (Baylous, Edward) (Entered: 06/20/2024)	June 20, 2024	June 20, 2024
41	RESPONSE to Motion re 40 MOTION for Extension of Time to File Response/Reply as to 38 Response to Motion, filed by Chanchiz Brown, C.C., D.B., Jamiahia Kennedy, Willow Neal. (Landenwich, Laura) (Entered: 06/21/2024)	June 21, 2024	June 21, 2024
42	TEXT ORDER signed by Chief Judge Greg N. Stivers on 6/21/2024. IT IS HEREBY ORDERED the Motion for Extension of Time (DN 40 ) is granted. The deadline for Defendants to file replies to the pending motions to dismiss is extended through 6/28/2024. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.cc: Counsel of Record (TJD) (Entered: 06/21/2024)	June 21, 2024	June 21, 2024
	Order on Motion for Extension of Time to File Response/Reply	June 21, 2024	June 21, 2024
43	REPLY to Response to Motion re 28 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Tonya Burton, Joe Caskey, Kerry Harvey, Keith Jackson, David Kazee, Kentucky Justice and Public Safety Cabinet, Tom Milburn, Christopher Rakes, Vicki Reed, George Scott, James Sweatt, II, Randy White. (Bizzell, Mark) (Entered: 06/28/2024)	June 28, 2024	June 28, 2024
44	REPLY to Response to Motion re 29 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Tonya Burton, Kerry Harvey, David Kazee, Christopher Rakes, Vicki Reed, George Scott, James Sweatt, II. (Baylous, Edward) (Entered: 06/28/2024)	June 28, 2024	June 28, 2024
45	REPLY to Response to Motion re 27 MOTION to Strike 24 Amended Complaint, filed by Tonya Burton, Kerry Harvey, David Kazee, Christopher Rakes, Vicki Reed, George Scott, James Sweatt, II. (Baylous, Edward) (Entered: 06/28/2024)	June 28, 2024	June 28, 2024
46	MEMORANDUM OPINION AND ORDER Signed by Chief Judge Greg N. Stivers on 1/23/2025. Plaintiffs' Motion for Leave DN 34 is GRANTED. Defendants' Motion to Strike DN 27 is GRANTED IN PART and DENIED IN PART. Plaintiffs are permitted to add Jackson, White, Milburn, Boyd, Burgher, and D. Burton as Defendants as a matter of course, but not Brown, D.B., and C.C. as Plaintiffs. Brown, D.B., and C.C.'s claims are DISMISSED WITHOUT PREJUDICE. Defendants' First and Second Motions to Dismiss DN 22, DN 23 are DENIED AS MOOT. Defendants' Third Motion to Dismiss DN 28 is GRANTED. All claims against the moving Defendants in their official capacities are DISMISSED. Defendants' Fourth Motion to Dismiss DN 29 is GRANTED IN PART and DENIED IN PART. The ADA and Rehabilitation Act claims against the moving Defendants in their individual capacities are DISMISSED. The Section 1983 claim against Burton in her individual capacity survives. The Section 1983 claims against all other moving Defendants in their individual capacities are DISMISSED. The state law negligence claims against all moving Defendants survive. Defendants' Fifth Motion to Dismiss DN 31 is GRANTED. All claims against CHFS are DISMISSED. cc: Counsel (DeW) (Entered: 01/23/2025)	Jan. 23, 2025	Jan. 23, 2025 Clearinghouse
47	NOTICE OF APPEAL (Interlocutory) as to 46 Order on Motion to Dismiss,,,,,, Order on Motion to Dismiss for Failure to State a Claim,,,,,, Order on Motion to Strike,,,,,,,,,,,,,,,,,,,,,,,, Order on Motion for Leave to,,,,, by David Kazee, Keith Jackson, Randy White, Tom Milburn, Joe Caskey, Dena Burton, Tonya Burton, Elzie Burgher, Marshay Boyd, Christopher Rakes, Willow Neal, Kerry Harvey, Vicki Reed, George Scott, James Sweatt, II. Filing fee $ 605, receipt number AKYWDC-4184709. (Baylous, Edward) (Entered: 02/03/2025)	Feb. 3, 2025	Feb. 3, 2025 Clearinghouse
48	USCA Case Number 25-5087 for 47 Notice of Interlocutory Appeal. (Case Manager: Roy G. Ford) (JM) (Entered: 02/06/2025)	Feb. 6, 2025	Feb. 6, 2025
49	NOTICE of Appearance by James D. Agnew on behalf of Chanchiz Brown, C.C., D.B., Jamiahia Kennedy, Willow Neal (Agnew, James) (Entered: 06/02/2025)	June 2, 2025	June 2, 2025
53	TEXT ORDER by Judge Greg N. Stivers on 1/9/2026; Pursuant to 28 U.S.C. 636(b)(1)(A), this matter is hereby referred to U.S. Magistrate Judge H. Brent Brennenstuhl, for resolution of all litigation planning issues, entry of scheduling orders, consideration of amendments thereto, and resolution of all non-dispositive matters, including discovery issues. Judge Brennenstuhl is further authorized to conduct a settlement conference in this matter at any time. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.cc: Counsel of Record; KLL (TJD) (Entered: 01/09/2026)	Jan. 9, 2026	Jan. 9, 2026
54	NOTICE: Pursuant to 28 U.S.C. Section 636(c) and in accordance with Rule 73(b)(1) of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that a United States Magistrate Judge of this Court is available to conduct all proceedings in this civil action including a (jury or non-jury) trial and to order the entry of a final judgment. You may consent to have your case referred to a Magistrate Judge, or you may withhold your consent without adverse consequences. Should all parties consent to having a United States Magistrate Judge conduct all proceedings in this case, please complete the Notice, Consent, and Reference of a Civil Action to a Magistrate Judge and send a copy of this document to the clerks office via regular mail or email at intake-kywECF@kywd.uscourts.gov. (TJD) (Entered: 01/09/2026)	Jan. 9, 2026	Jan. 9, 2026
56	ORDER FOR RULE 16 SCHEDULING CONFERENCE (EBOC) by Judge Greg N. Stivers on 4/10/2026. Telephonic Rule 16 Scheduling Conference set for 4/30/2026 at 9:30 AM CDT/10:30 AM EDT before Magistrate Judge H. Brent Brennenstuhl. The Court to initiate the call. Counsel who will try the case shall participate in the conference. Amendments to Rule 26 Meeting Report due by 4/23/2026. cc: counsel, K.Lovell-CM (DeW) (Entered: 04/10/2026)	April 10, 2026	April 10, 2026 RECAP
57	ANSWER to 24 Amended Complaint,, Corrected First Amended Complaint DN 34-1 by Adair County Youth Detention Center, Marshay Boyd, Elzie Burgher, Dena Burton, Tonya Burton, Campbell Regional Juvenile Detention Center, Joe Caskey, Fayette Regional Juvenile Detention Center, Kerry Harvey, Keith Jackson, David Kazee, Kentucky Department of Juvenile Justice, Kentucky Justice and Public Safety Cabinet, Tom Milburn, Christopher Rakes, Vicki Reed, George Scott, James Sweatt, II, Randy White. (Bizzell, Mark) (Entered: 04/10/2026)	April 10, 2026	April 10, 2026
58	Amended REPORT of Rule 26(f) Planning Meeting by Chanchiz Brown, C.C., D.B., Jamiahia Kennedy, Willow Neal. (Landenwich, Laura) (Entered: 04/16/2026)	April 16, 2026	April 16, 2026
59	ORDER for proceedings held before Magistrate Judge H. Brent Brennenstuhl: Telephonic Scheduling Conference held on 4/30/2026. The parties will submit an agreed scheduling order to the Court for its consideration. cc: counsel (DeW) (Entered: 05/05/2026)	May 5, 2026	May 5, 2026
60	Proposed Order Joint Scheduling by Chanchiz Brown, C.C., D.B., Jamiahia Kennedy, Willow Neal. (Landenwich, Laura) Modified filing event on 5/11/2026 (TJD). (Entered: 05/11/2026)	May 11, 2026	May 11, 2026
61	SCHEDULING ORDER Signed by Magistrate Judge H. Brent Brennenstuhl on 5/11/2026 granting 60 Proposed Agreed Order. Rule 26(a)(1) Disclosure due by 5/15/2026. Amended Pleadings due by 11/30/2026. Fact Discovery due by 11/1/2027. Expert Witness (Plaintiff) due by 4/5/2027. Expert Witness (Defendant) due by 5/5/2027. Expert Discovery due by 10/1/2027. Telephonic Status Conference set for 11/15/2027 at 10:00 AM CDT before Magistrate Judge H. Brent Brennenstuhl. The Court will initiate the call. Motions for class certification due by 12/1/2027. Dispositive/Daubert Motions due by 12/1/2027. cc: Counsel (DeW) (Entered: 05/12/2026)	May 12, 2026	May 12, 2026 RECAP
62	Notice (Other)	May 28, 2026	May 28, 2026

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Case Details

State / Territory:

Kentucky

Case Type(s):

Juvenile Institution

Disability Rights

Key Dates

Filing Date: Jan. 15, 2024

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Juvenile individuals held at Adair County Youth Detention Center (ACYDC).

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

City

Fayette Regional Juvenile Detention Center

County

Adair County Youth Detention Center

Campbell Regional Juvenile Detention Center

State

Kentucky Cabinet for Health and Family Services

Kentucky Department of Juvenile Justice

Kentucky Justice and Public Safety Cabinet

Case Details

Causes of Action:

42 U.S.C. § 1983

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Section 504 (Rehabilitation Act), 29 U.S.C. § 701

State law

Other Dockets:

Western District of Kentucky 1:24-cv-00016

U.S. Court of Appeals for the Sixth Circuit 25-05087

Available Documents:

Any published opinion

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: None Yet / None

Relief Granted:

None yet

Source of Relief:

None yet

Issues

General/Misc.:

Assault/abuse by staff

Bathing and hygiene

Conditions of confinement

Disciplinary procedures

Juveniles

Neglect by staff

Personal injury

Affected Sex/Gender(s):

Female

Jails, Prisons, Detention Centers, and Other Institutions:

Administrative segregation

Assault/abuse by staff (facilities)

Commitment procedure

Disciplinary segregation

Restraints (chemical)

Restraints (physical)

Solitary confinement/Supermax (conditions or process)

Strip search policy (facilities)

Recommended Citation

Case Summary of Kennedy v. Kentucky Department of Juvenile Justice, Civil Rights Litig. Clearinghouse, https://clearinghouse.net/case/45394/ (last updated 5/11/2025).