Singleton et al v. Commonwealth of Kentucky et al
| Dale Roger Singleton, Calude Randall Singleton and Bruce Wayne Singleton |
| Commonwealth of Kentucky, Marchetta Carmicle, Genworth Life and Annuity Insurance Company, Kentucky Cabinet for Health and Family Services and Kentucky Department For Medicaid Services |
| Genworth Life and Annuity Insurance Company |
| Marchetta Carmicle, Commonwealth of Kentucky, Kentucky Cabinet for Health and Family Services, Kentucky Department For Medicaid Services, Bruce Wayne Singleton and Calude Randall Singleton |
| 3:2015cv00015 |
| February 23, 2015 |
| US District Court for the Eastern District of Kentucky |
| Frankfort Office |
| Franklin |
| Gregory F. VanTatenhove |
| Other Civil Rights |
| 28 U.S.C. ยง 1441 |
| Plaintiff |
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Filing
39
MEMORANDUM OPINION & ORDER: 1.The Dfts' motions to dismiss, or in the alternative, for summary judgment [R.31; R. 33] are CONSTRUED as motions to dismiss pursuant to Federal Rule of Civil Procedure 12(b); and 2.The Dfts' motions [R. 31 ; R. 33] are GRANTED IN PART. The following claims are DISMISSED from the lawsuit: a. The § 1983 claims brought by the Singletons in their individual capacities; b. All claims against the five John Doe Defendants; c. The claims for money damag es brought against Defendant Marchetta Carmicle in her individual capacity, pursuant to Count VI, the alleged violation of the Kentucky Constitution; and d. The claims for declaratory and injunctive relief against: (i) the Commonwealth of Kentucky ; (ii) the Cabinet for Health and Family Services; (iii) the Department for Medicaid Services; and (iv) Marchetta Carmicle in her official capacity. 3.The Dfts' motions [R. 31; and R. 33] are also DENIED IN PART. The following claims may procee d going forward: a. The claims for money damages brought against Defendant Marchetta Carmicle in her individual capacity, pursuant to Counts I, II, III, IV, V, and VII; and b. The claims for declaratory and injunctive relief against Secretary Audrey Tayse Haynes in her official capacity. Signed by Judge Gregory F. VanTatenhove on 3/31/2016.(AKR)cc: COR
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