TRANSPORTATION CABINET v. CASSITY

No. 94-SC-894-DG.

912 S.W.2d 48 (1996)

TRANSPORTATION CABINET, Commonwealth of Kentucky, Appellant, v. Fred CASSITY d/b/a C & B Trucking, Appellee.

Supreme Court of Kentucky.

Amended March 26, 1996.


Attorney(s) appearing for the Case

William M. Sawyer, Transportation Cabinet, Clayton B. Patrick, Frankfort, for appellant.

Bernard Pafunda, Pikeville, Pamela Carroll Farmer, Frankfort, for appellee.


STEPHENS, Chief Justice.

This appeal was brought by the Transportation Cabinet after a determination by the Court of Appeals that the Cabinet's procedure for enforcing KRS 138.990 is unconstitutional. A Transportation Cabinet enforcement officer issued Cassity four citations for statutory violations and immediately thereafter impounded his tractor and trailer. Cassity filed an action pursuant to 42 U.S.C. § 1983 (hereinafter § 1983) to recover damages suffered...

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