No. 21-1569

SouthPointe Partners, LLC v. Louisville Metro Government, et al.

Lower Court: Kentucky
Docketed: 2022-06-16
Status: Denied
Type: Paid
Tags: 42-usc-1983 administrative-law administrative-review civil-procedure civil-rights due-process exclusive-remedy federal-claims section-1983 state-statute
Key Terms:
SocialSecurity DueProcess JusticiabilityDoctri
Latest Conference: 2022-09-28
Question Presented (AI Summary)

Can a state statute providing a right of appeal from an administrative decision serve as an 'exclusive remedy' to bar separate federal claims under 42 U.S.C. § 1983?

Question Presented (OCR Extract)

QUESTION PRESENTED The Louisville Metro Planning Commission denied a developer’s applications for approval of a minor plat and a related waiver after announcing their bias in favor of witnesses opposing the applications. The developer appealed to state court under a state statute, which provided judicial review of Planning Commission decisions. Though the trial court reversed the agency’s decision, it also held that the state statute affording the appeal was the developer’s “exclusive remedy” that precluded the developer from separately pursuing a federal claim under 42 U.S.C. § 1983 against the individual Planning Commission members for their failure to provide an impartial tribunal in violation of the Due Process Clause of the Fourteenth Amendment. The Kentucky Court of Appeals affirmed that the state statute barred § 1983 claims against Respondents as part of either the same or separate lawsuits. The question presented is: Can a state statute providing a right of appeal from an administrative decision serve as an “exclusive remedy” to bar separate federal claims under 42 U.S.C. § 1983?

Docket Entries

2022-10-03
Petition DENIED.
2022-07-27
DISTRIBUTED for Conference of 9/28/2022.
2022-07-21
Reply of petitioner SouthPointe Partners, LLC filed.
2022-07-07
Brief of respondents Louisville Metro Government, et al. in opposition filed.
2022-06-14
Petition for a writ of certiorari filed. (Response due July 18, 2022)

Attorneys

Louisville Metro Government, et al.
John Francis Carroll Jr.Jefferson County Attorneys Office, Respondent
John Francis Carroll Jr.Jefferson County Attorneys Office, Respondent
SouthPointe Partners, LLC
Christopher Wilson BrookerWyatt, Tarrant & Combs, LLP, Petitioner
Christopher Wilson BrookerWyatt, Tarrant & Combs, LLP, Petitioner