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CAMPBELL CTY. v. KY. CORRECTIONS CABINET

Nos. 87-SC-268-DG, 87-SC-332-TG and 88-SC-232-TG.

762 S.W.2d 6 (1988)

CAMPBELL COUNTY, Richard Lackey, Kenton County and James A. Knauf, Movants, v. COMMONWEALTH of Kentucky, KENTUCKY CORRECTIONS CABINET, George Wilson, Gene Scroggy, John Rees, Steve Berry, Betty Kassulke and Al Parke, Respondents. Clarence Leroy DAVIDSON, et al., Appellants, v. George WILSON, etc., et al., Appellees. COMMONWEALTH of Kentucky, CORRECTIONS CABINET and George W. Wilson, Secretary, Appellants, v. Harold BUCHIGNANI and Keith A. Moore, et al., Appellees.

Supreme Court of Kentucky.

Rehearing Denied January 19, 1989.

Attorney(s) appearing for the Case

Barbara Jones, Connie Malone, David A. Sexton, Corrections Cabinet, Frankfort, for Corrections Cabinet, etc.

Paul H. Twehues, Jr., Newport, for Campbell County.

Martin J. Huelsmann, John R. Elfers, Covington, for Kenton County.

Allison Connelly, Burgin, Tim Riddell, Asst. Public Advocate, Frankfort, for Davidson, et al.

Edward W. Gardner, Lexington, for Buchignani.

Allison I. Connelly, Kenneth R. Taylor, Burgin, for Moore, et al.

LEIBSON, Justice.

These cases present a bizarre picture of convicted felons and parole violators fighting for the right to get into state prison, joining with county officials trying to put them there. We have decided they have that right.

These are prisoners held in county jails who have been ordered by circuit courts committed to the custody of the Kentucky Corrections Cabinet to carry out their sentence, but the Corrections Cabinet has refused their...

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