Geoffrey M. Young v. Garland "Andy" Barr
SocialSecurity Securities Immigration
Whether a trial court in Kentucky may dismiss a civil action for failure to state a claim without construing the pleading in the light most favorable to the plaintiff
QUESTIONS PRESENTED FOR REVIEW On June 22, 2020, I filed a ballot challenge against U.S. Representative Andy Barr pursuant to KRS (Kentucky Revised Statutes) 118.176. It was never decided on the merits. 1. May any trial court in Kentucky dismiss a civil action for failure to state a claim without ever having construed the initiating pleading in the light most favorable to the plaintiff or movant? 2. If a circuit court dismisses a ballot challenge filed pursuant to KRS 118.176 for the sole reason that the definition of “a bona fide candidate” is not what the Legislature said it is in Section (1) of the statute, may the Kentucky Court of Appeals dismiss the Movant's motion to set aside and the Movant's ; regular appeal without ever reaching the merits?