FORGY v. STUMBO

No. Civ.A.3:05-37-JMH.

378 F.Supp.2d 774 (2005)

Lawrence E. FORGY, Plaintiff, v. Gregory D. STUMBO, in his individual and official capacities, Defendant.

United States District Court, E.D. Kentucky, Frankfort Division.

July 18, 2005.


Attorney(s) appearing for the Case

Lawrence E. Forgy, Frankfort, KY, pro se.

D. Brent Irvin, Janet M. Graham, Robert S. Jones, Office of the Attorney General, Paula J. Holbrook, Cabinet for Health Service, Frankfort, KY, for Defendant.


MEMORANDUM OPINION AND ORDER

HOOD, District Judge.

This matter is before the Court on Defendant's motion to dismiss, abstain, or certify state law questions [Record No. 9] to which Plaintiff responded [Record No. 11].

FACTUAL BACKGROUND

On June 9, 2005, Plaintiff Lawrence E. Forgy brought this action for declaratory and injunctive relief, alleging that a Kentucky statute, KRS § 18A.140(1), has "chilled" his First Amendment right of...

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