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Case: 3:06-cv-00034-JMH-JGW Doc #: 1 Filed: 06/01/06 Page: 1 of 5 - Page ID#: 68

Eastern District of Kentucky

FILED
JUN 0 1 2006
A1 FRANKFORI
LESLIE G WHITMER

CLERK IJ S DISTRICT COURl

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF KENTUCKY

FRANKFORT DIVISION

MICHAEL DUNCAN

PLAINTIFF

V.

WILLIAM NIGHBERT, Individually and
in his official capacity as Secretary of
Transportation;

ERNIE FLETCHER, Individually and in
his official capacity as Governor of the
Commonwealth of Kentucky;

JIM ADAMS, Individually and in his
official capacity as Deputy Secretary of
Transportation; and

COMMONWEALTH OF KENTUCKY,
TRANSPORTATION CABINET

DEFENDANTS

NOTICE OF REMOVAL

Defendants William Nighbert, individually and in his official capacity as

Secretary of Transportation; Ernie Fletcher, individually and in his official capacity as

Governor of the Commonwealth of Kentucky; Jim Adams, individually and in his official

capacity as Deputy Secretary of Transportation; and Commonwealth of Kentucky,

Transportation Cabinet, hereby jointly file this Notice of Removal pursuant to 28 U.S.C.
5 1441 to the United States District Court for the Eastern District of Kentucky, Frankfort

Division, stating as follows:

Case: 3:06-cv-00034-JMH-JGW Doc #: 1 Filed: 06/01/06 Page: 2 of 5 - Page ID#: 69

1.

On May 10, 2006 the Complaint in Civil Action 06-CI-00639 was

filed in the Franklin Circuit Court of the Commonwealth of Kentucky. It was served

upon the Transportation Cabinet, with summons, on May 11, 2006, and was served upon

William Nighbert, with summons, on May 16, 2006. On May 12, 2006, Plaintiff filed a

First Amended Complaint, adding Governor Ernie Fletcher and Deputy Transportation

Secretary Jim Adams as Defendants. A copy of the First Amended Complaint was

served upon Governor Fletcher, with summons, on May 12, 2006; was served upon Jim

Adams, with summons, on May 23, 2006; was served upon William Nighbert, with

summons, on May 16, 2006; and was served upon the Transportation Cabinet, with

summons, on May 18, 2006. These documents, copies of which are attached hereto,

constitute all of the pleadings and orders served upon or by Defendants to date in this

action.

2.

This action is of a civil nature arising from the Plaintiffs

employment with the Transportation Cabinet of the Commonwealth of Kentucky. The

action involves claims that Plaintiff was illegally discharged from a position at the

Kentucky Transportation Cabinet for political reasons, and that such discharge violated

Plaintiffs civil rights under the 1'' and 14" Amendments to the United States

Constitution, thereby entitling him to declaratory relief, injunctive relief, compensatory
damages, and punitive damages pursuant to both 42 U.S.C. $9 1983 and 1985. Plaintiff

also claims that Defendants' actions violated KRS 18A.140, and Plaintiff asserts a

separate defamation and false light claim against Governor Fletcher only.

2

Case: 3:06-cv-00034-JMH-JGW Doc #: 1 Filed: 06/01/06 Page: 3 of 5 - Page ID#: 70

3.

This Court has original federal question jurisdiction pursuant to 28
U.S.C. 9 1331 because the claims arise under the Constitution and laws of the United

States.

4.

Specifically, this action arises under the 1" and 14" Amendments
to the United States Constitution, 42 U.S.C. 4 1983, and 42 U.S.C. 5 1985. Plaintiff is
also seeking attorneys fees and costs incurred in this action pursuant to 42 U.S.C. 0 1988.
This Court has supplemental jurisdiction pursuant to 28 U.S.C. 9

5.

1367 over the state claims advanced in Plaintiff's Complaint, as those claims are based

on the same allegations that underlie the federal claims. The state claims are so related to

the claims over which this Court has original jurisdiction that they form part of the same

case or controversy under Article I11 of the United States Constitution.

WHEREFORE, Defendants hereby file this notice of removal from the

Franklin Circuit Court to the United States District Court for the Eastern District of

Kentucky.

Respectfully submitted,

1

/ LOVE,LLP

BOWLES RICE M~DAVID GRAF &

155 East Main Street, Suite 300
Lexington, Kentucky 40507
(859) 252-2202
Counsel for William Nighbert, in his
individual and offlcial capacities

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Case: 3:06-cv-00034-JMH-JGW Doc #: 1 Filed: 06/01/06 Page: 4 of 5 - Page ID#: 71

M. StephenPitt
Christopher W. Brooker
WYATT, TARRANT & COMBS, LLP
500 West Jefferson Street, Suite 2800
Louisville, Kentucky 40202-2898
(502) 589-5235
Counsel for Governor Ernie Fletcher, in his
individual and official capacities

Robert L. Roark
WALTHER, ROARK, GAY & TODD, PLC
163 East Main Street, Suite 200
Lexington, Kentucky 40507
(859) 225-4714
Counsel for Jim Adams, in his individual
and official capacities

STOLL KEENON OGDEN, PLLC
300 West Vine Street, Suite 2100
Lexington, Kentucky 40507-1 801
(859) 231-3000

Paul C. Hamice
STOLL KEENON OGDEN, PLLC
307 Washington Street
Frankfort, Kentucky 40601
(502) 875-6220
Counsel for Kentucky Transportation
Cabinet

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Case: 3:06-cv-00034-JMH-JGW Doc #: 1 Filed: 06/01/06 Page: 5 of 5 - Page ID#: 72

CERTIFICATE OF SERVICE

This is to certify that a true and correct copy of the foregoing has been
served upon the following, by first-class mail, postage prepaid, on this the 1st day of
June, 2006:

Philip J. Shepherd
307 West Main Street
P.O. Box 782
Frankfort, Kentucky 40602

Paul F. Fauri
232 St. Clair Street
P.O. Box 1304
Frankfort, Kentucky 40602

20265751.1

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