COMMONWEALTH OF KENTUCKY

FRANKLIN CIRCUIT COURT

DIVISION ______
CASE NO. 23-CI-____________

CAMPBELL COUNTY, KENTUCKY PLAINTIFFS

and

JAMES DALEY, in his official capacity as CAMPBELL COUNTY JAILER

and

KENTON COUNTY, KENTUCKY

and

MARC FIELDS, in his official capacity as KENTON COUNTY JAILER

and

BOYD COUNTY, KENTUCKY

Presiding Judge: HON. THOMAS DAWSON WINGATE (648243)

and

BILL HENSLEY, in his official capacity as BOYD COUNTY JAILER

and

MARION COUNTY, KENTUCKY

and

J. BARRY BRADY, in his official capacity as MARION COUNTY JAILER

and

KENTUCKY JAILERS ASSOCIATION

v.

COOKIE CREWS, COMMISSIONER OF THE

KENTUCKY DEPARTMENT OF CORRECTIONS DEFENDANTS
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275 East Main Street

Frankfort, KY 40601

SERVE VIA CERTIFIED MAIL

Daniel Cameron, Attorney General

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 700 Capital Ave., Suite 118
Frankfort, KY 40601

and

KENTUCKY DEPARTMENT OF CORRECTIONS

275 East Main Street
Frankfort, KY 40601

SERVE VIA CERTIFIED MAIL

Daniel Cameron, Attorney General
700 Capital Ave., Suite 118
Frankfort, KY 40601

COMPLAINT
(Filed Electronically)

The Plaintiffs, Campbell County, Kentucky; Campbell County Jailer James Daley; Boyd

Presiding Judge: HON. THOMAS DAWSON WINGATE (648243)

County Kentucky; Boyd County Jailer Bill Hensley; Kenton County, Kentucky; Kenton County

Jailer Marc Fields; Marion County, Kentucky; Marion County Jailer J. Barry Brady; and the

Kentucky Jailers’ Association (collectively “Plaintiffs”), by and through counsel, for their

Complaint state as follows:

INTRODUCTION

This action is brought to compel the Defendants to treat county jails, county

taxpayers, and state inmates more equitably, by forcing Defendants to timely classify state

inmates and by compelling Defendants to enter into contracts with the fiscal courts

responsible for funding those county jails in which Defendants wish to house state inmates.

Plaintiffs pursue this action in order to: (a) relieve county taxpayers of the unfair financial
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burdens associated with housing and providing medical care to state inmates; and (b)

improve conditions for county and state inmates by reducing the number of inmates held in

county jails to a number more consistent with each jail’s capacity, by improving inmates’

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access to quality medical care, and by improving inmates’ access to programming that will

improve their educational qualifications, job skills, and financial status.

PARTIES

1. Plaintiff, Campbell County, Kentucky, is a political subdivision of the

Commonwealth of Kentucky that houses state inmates at the Campbell County Detention

Center (“CCDC”). Plaintiff, James Daley, is the duly elected Campbell County Jailer responsible

for the oversight, operation and management of the CCDC, and participates in this action in

his official capacity.

2. Plaintiff, Boyd County, Kentucky, is a political subdivision of the

Commonwealth of Kentucky that houses state inmates at the Boyd County Detention Center

(“BCDC”). Plaintiff, William Hensley, is the duly elected Boyd County Jailer responsible for

Presiding Judge: HON. THOMAS DAWSON WINGATE (648243)

the oversight, operation and management of the BCDC, and participates in this action in his

official capacity.

3. Plaintiff, Kenton County, Kentucky, is a political subdivision of the

Commonwealth of Kentucky that houses state inmates at the Kenton County Detention

Center (“KCDC”). Plaintiff, Marc Fields, is the duly elected Kenton County Jailer responsible

for the oversight, operation and management of the KCDC, and participates in this action in

his official capacity.

4. Plaintiff, Marion County, Kentucky, is a political subdivision of the

Commonwealth of Kentucky that houses state inmates at the Marion County Detention

Center (“MCDC”). Plaintiff, J. Barry Brady, is the duly elected Marion County Jailer
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responsible for the oversight, operation and management of the CCDC, and participates in

this action in his official capacity.

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 5. Plaintiff, Kentucky Jailers Association (“KJA”), is an organization whose

members are the constitutionally elected Jailers and appointed Jail Administrators of the

Commonwealth of Kentucky. The goals of KJA include to provide pecuniary support for, and

to secure protection and promote the best interests of, the Jailers and Jail Administrators in

the Commonwealth of Kentucky.

6. Defendant, Kentucky Department of Corrections (“the Department”), is

charged with, among other things, housing state inmates. It could not discharge this

responsibility without assigning state inmates to county jails, such as those operated by

Campbell, Kenton, Boyd, and Marion Counties. However, the Department has consistently

failed to adequately pay those counties for the housing, medical, and other costs they incur

in housing state inmates and regularly violates state statute to facilitate its failure to do so.

Presiding Judge: HON. THOMAS DAWSON WINGATE (648243)

7. Defendant, Cookie Crews is the Commissioner of the Kentucky Department of

Corrections, and, as such, bears ultimate responsibility for classifying state inmates,

assigning them to county jails, contracting with county fiscal courts for the housing of state

inmates, reimbursing the fiscal courts of counties who fund such jails for the costs associated

with housing and providing medical services to state inmates, and other matters pertinent

to this action. Defendant Crews is sued in her official capacity.

JURISDICTION AND VENUE

8. Jurisdiction is appropriate because Plaintiffs seek a declaratory judgment and

injunctive relief. Under KRS 418.040, any court of general jurisdiction – including a circuit

court – may make a binding declaration of rights in a declaratory judgment action. And,
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under KRS 418.055, a court may issue further relief – such as injunctive relief – whenever

necessary or proper if it issues a declaration of rights.

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 9. Venue in this Court is proper under KRS 452.405, because Defendants’ failure

to transfer state inmates out of county jails and to state prison facilities within 45 days of

sentencing and failure to adequately pay counties for housing state inmates occurs where

Defendants are situated, in Franklin County.

FACTUAL ALLEGATIONS

10. In Kentucky, pretrial detainees and persons who have been convicted of

crimes but who have not yet been sentenced are housed in county jails while they await trial

and sentencing. Those persons are referred to as “county inmates.”

11. Once an inmate is sentenced by a court for a felony conviction or is sentenced

by a court to twelve months or longer in prison, he or she becomes a “state inmate.”

12. Subject to certain conditions and requirements, state statutes allow, and in

Presiding Judge: HON. THOMAS DAWSON WINGATE (648243)

some cases require, state inmates to be housed in county jails.

13. Defendants oversee fourteen state prison facilities located throughout the

Commonwealth, including the Bell County Forestry Camp, the Blackburn Correctional

Complex, the Eastern Kentucky Correctional Complex, the Green River Correctional

Complex, the Kentucky State Penitentiary, the Kentucky State Reformatory, the Kentucky

Correctional Institute for Women, the Lee Adjustment Center, the Little Sandy Correctional

Complex, the Luther Luckett Correctional Complex, the Northpoint Training Center, the

Roederer Correctional Complex, the Southeast State Correctional Complex, and the Western

Kentucky Correctional Complex.

14. Together, those facilities have capacity to house approximately 13,200

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inmates on any given day.

15. The number of state inmates in Kentucky routinely exceeds that capacity.

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 16. Each of the fourteen state prison facilities overseen by Defendants is

accredited by the American Correctional Association (ACA). That accreditation requires a

facility to manage its population in such a way that the number of prisoners in the facility

each day does not exceed the number of beds in the facility. Thus, to maintain accreditation

for each of its fourteen state prison facilities, Defendants are motivated to avoid having more

inmates than beds in its facilities.

17. To avoid having more inmates than beds in its facilities, Defendants house as

many state inmates as possible – usually not quite half of the total number of state inmates

on any given day – in county jails. The following table demonstrates the total number of state

inmates, the number housed in state prison facilities, the number housed in county jails, and

the number housed in halfway houses 1 on specific dates in the last year, according to the

Presiding Judge: HON. THOMAS DAWSON WINGATE (648243)

Statewide Population Reports accessible on the Department of Corrections’ website:

# HOUSED IN # HOUSED IN
#STATE # HOUSED IN
DATE STATE HALFWAY
INMATES COUNTY JAILS
FACILITIES HOUSES
12/1/2022 19,958 10,310 9,569 193
11/1/2022 19,927 10,244 9,613 181
10/3/2022 19,539 10,129 9,330 191
9/1/2022 19,681 10,031 9,560 199
8/1/2022 19,641 10,061 9,486 206
7/1/2022 19,565 10,057 9,382 230
6/1/2022 19,274 10,003 9,157 226
5/2/2022 18,860 9,850 8,918 195
4/1/2022 19,012 9,772 9,152 185
3/1/2022 18,839 9,611 9,156 176
2/1/2022 18,640 9,687 8,856 195
1/3/2022 18,522 9,807 8,594 219
12/1/2021 18,855 9,892 8,776 187
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11/1/2021 18,744 9,949 8,600 195

10/1/2021 18,613 10,036 8,362 215

1In addition to the locations on these charts, a few state inmates may be housed in hospitals, or may be located
at court or in other facilities, at the times the population counts were taken on the dates reflected in this table.

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 18. By housing as many state inmates as possible in county jails, Defendants

manage to keep their 14 state prison facilities consistently under capacity.

19. However, the fact that Defendants house so many state inmates in county jails

regularly causes the jails in Campbell, Kenton, Boyd and Marion Counties – which

simultaneously house county inmates – to have more inmates than beds available in those

facilities.

20. Compounding that problem, Defendants routinely fail to abide by their

statutory obligation to classify an inmate within 45 days of the time the inmate is sentenced

by the court.

21. Specifically, KRS 532.100(8) requires Defendants to transfer a state inmate to

Presiding Judge: HON. THOMAS DAWSON WINGATE (648243)

a state prison facility within 45 days of final sentencing, unless the state inmate is a Class C

or Class D felon who otherwise qualifies to serve time in a county jail. To comply with that

statute, Defendants must classify a state inmate as Class A, Class B, Class C, or Class D within

forty-five (45) days of final sentencing.

22. Despite the requirement in KRS 532.100(8), Defendants routinely do not

classify state inmates within 45 days of final sentencing.

23. Defendants’ routine failure to classify inmates within 45 days of final

sentencing leaves many state inmates who would otherwise be transferred to a state prison

facility sitting in county jails, including those in Campbell, Kenton, Boyd and Marion Counties.
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State inmates who should have been transferred to a state prison facility but who are instead

sitting in county jails are referred to as “Controlled Intake” inmates. For example, according

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to the Department of Corrections’ website, the number of state inmates with a “Controlled

Intake” designation were as follows on the specified dates:

# CONTROLLED INTAKE
DATE
INMATES
12/1/2022 2,523
11/1/2022 2.506
10/3/2022 2,540
9/1/2022 2,657
8/1/2022 2,554
7/1/2022 2,484
6/1/2022 2,416
5/2/2022 2,503
4/1/2022 2,553
3/1/2022 2,606
2/1/2022 2,344
1/3/2022 2,274
12/1/2021 2,378
11/1/2021 2,355

Presiding Judge: HON. THOMAS DAWSON WINGATE (648243)

10/1/2021 2,231

24. The delay in classifying state inmates – and the concomitant delay in

transporting them to state prison facilities, in violation of KRS 532.100(8) – creates a backlog

of state inmates in county jails, fuels a situation in which county jails house more inmates

than the number of beds in county jails and substantially increases the costs that Campbell,

Kenton, Boyd and Marion Counties incur for operating their respective jails. And, when the

total number of inmates in Campbell, Kenton, Boyd and Marion Counties exceeds the number

of beds in those facilities – a situation created primarily by Defendants’ failure to classify

state inmates and move them out of county jails – Defendants cite those Counties for

violations of the Kentucky Administrative Regulations.

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25. Many county jails – including those in Campbell, Kenton, Boyd and Marion

Counties – set aside a particular number of beds in their facilities for state inmates who are

eligible to participate in community service work programs. Such county jails are often

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reluctant to accept unclassified state inmates as transfers from other county jails, because

there is no way to know whether such inmates will be able to participate in those counties’

community service work programs. Thus, when Defendants fail to timely classify state

inmates, their delay creates a backlog of unclassified state inmates in a county jail that the

county jail may not be able to alleviate by transferring state inmates to other county jails.

26. Defendants’ failure to timely classify state inmates also adversely affects the

inmates themselves. Depending on their classifications, many state inmates are eligible to –

or required to – participate in programs designed to improve their personal health,

education, employability, or other life skills, and some are eligible to participate in work

programs. State inmates who are eligible to do so can satisfy court-imposed requirements (a

prerequisite to becoming eligible for parole), can earn credit toward their sentences, and can

Presiding Judge: HON. THOMAS DAWSON WINGATE (648243)

earn money by participating in these programs. However, since eligibility to participate in

such programs is dependent on a state inmate’s classification, any delay in classifying a state

inmate also delays his ability to participate in these programs and, in turn, delays his ability

to become parole-eligible, to finish his sentence, and /or to earn money.

27. Moreover, Defendants fail to adequately compensate county jails, including

those in Campbell, Kenton, Boyd and Marion Counties, for the costs they incur in housing

state inmates and in providing state inmates with necessary medical care, psychiatric

services, and medicines.

28. Once an inmate becomes a “state inmate,” all costs attendant to housing him
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are supposed to be borne by Defendants. While state statutes contemplate that Defendants

will negotiate with counties and enter into contracts with them that specify the terms and

conditions under which those counties will house state inmates, Defendants have

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consistently refused to do so. Instead, for each day a county jail houses a state inmate,

Defendants pay the county a per diem of $35.34 -$1.91 for medical = $33.43 – an amount

arbitrarily and unilaterally set by the Department – which is supposed to reimburse the

county for the costs attendant to housing the inmate (exclusive of medical costs). However,

the cost to house a state inmate each day exceeds $50.00 in most counties, including in

Campbell, Kenton, Boyd and Marion Counties. Thus, in these counties, the fiscal courts of the

Counties subsidize the cost of housing state inmates.

29. Pursuant to KRS 441.045(5), the costs of necessary medical, dental or

psychological care of state inmates (beyond routine care and diagnostic services) are

handled in either of two ways. First, if there is a contract between the state and a particular

county relating to state inmates, then the costs are to be paid as provided by that contract.

Presiding Judge: HON. THOMAS DAWSON WINGATE (648243)

Or, if the county receives a per diem for inmate medical care, Defendants must reimburse the

county for the cost of necessary medical, dental or psychological care of state inmates

(beyond routine care and diagnostic services).

30. Defendants have consistently refused to negotiate contracts with counties,

including Campbell, Kenton, Boyd and Marion Counties, relating to state inmates. Instead, for

each day a county houses a state inmate, Defendants pays the county $1.91 for the provision

of medical services to that inmate. But, $1.91 per day is grossly inadequate to cover even the

very basic medical services a state inmate consumes during his stay, let alone the medical

services the inmate consumes in the event of an extraordinary illness, accident or medical
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event. And, other funds Defendants have set aside to reimburse counties for inmate medical

care are woefully insufficient, generally being depleted by one or two counties soon after the

first of the year for which the funds have been set aside. Consequently, in the vast majority

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of counties that house state inmates, including Campbell, Kenton, Boyd and Marion Counties,

the fiscal courts of the counties subsidize the cost of providing medical care to such inmates.

31. If Defendants would enter into contracts with county jails, including Campbell,

Kenton, Boyd and Marion Counties, to establish the terms and conditions under which each

county jail is willing to hold state inmates, that would allow county jails to negotiate with

Defendants to recover more of the money they spend on state inmates. Defendants, however,

refuse to enter into contracts with county jails in connection with the housing of, or provision

of medical care to, state inmates.

COUNT I

32. Plaintiffs reallege and incorporate by reference the foregoing paragraphs, as if

specifically set forth herein.

Presiding Judge: HON. THOMAS DAWSON WINGATE (648243)

33. Under KRS 532.100(8), Defendants have a statutory duty to transfer a state

inmate to a state prison facility within 45 days of final sentencing, unless the state inmate is

a Class C or Class D felon who otherwise qualifies to serve time in a county jail.

34. To comply with that statute, Defendants have a further duty to classify a state

inmate as Class A, Class B, Class C, or Class D within forty-five (45) days of final sentencing,

so that they know which state inmates must be transferred to state prison facilities within

that time frame.

35. On numerous occasions, and with respect to numerous state inmates,

Defendants have failed to discharge both of those duties.

36. Defendants’ failure to discharge their statutory duties with respect to state
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inmates routinely forces the county jails funded by Plaintiffs to house substantially more

inmates than they otherwise would house.

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 37. In light of this situation, which Defendants have created, Plaintiffs’ costs in

operating their jails are substantially more than they would otherwise be, since more

supplies, equipment, security measures, and manpower are needed to manage the additional

inmates.

38. In light of the foregoing, Defendants have violated the requirements of KRS

532.100(8).

39. Pursuant to KRS 446.070, Plaintiffs seek a judicial declaration that the law

requires Defendants to classify state inmates within 45 days of final sentencing and an

injunction requiring Defendants to comply with the statutory mandate.

COUNT II

40. Plaintiffs reallege and incorporate by reference the foregoing paragraphs, as if

Presiding Judge: HON. THOMAS DAWSON WINGATE (648243)

specifically set forth herein.

41. KRS 441.045(5) provides that the cost of providing necessary medical, dental,

pharmaceutical, or psychological care, beyond routine care and diagnostic services, for state

inmates be handled in either of two ways.

42. First, such costs must be paid as provided by contract between Defendants and

the county. Or, Defendants must reimburse the county for all such costs if the county is one

that receives a per diem from Defendants.

43. Defendants have refused to negotiate a contract with Campbell, Kenton, Boyd

and Marion Counties. Thus, these Counties receive a per diem of $1.91 for each state inmate’s

medical costs. In addition, Defendants make available a limited fund for the reimbursement
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of extraordinary medical expenses.

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 44. The per diem of $1.91 is grossly inadequate to cover the costs of even the most

basic medical, dental or psychological care incurred by a state inmate, let alone the medical

costs such an inmate incurs in the event of an accident, illness, or catastrophic event.

45. The fund Defendants make available for the reimbursement of extraordinary

medical expenses is generally depleted by one or two counties soon after those funds are

made available at the beginning of each year, such that every other county – including

Campbell, Kenton, Boyd and Marion Counties – is left unreimbursed for some or all of the

costs incurred by state inmates in their facilities for medical, dental or psychological care.

46. Consequently, and contrary to the plain language of KRS 441.045(5), Plaintiffs

are left to subsidize the costs of necessary medical, dental or psychological care for state

inmates.

Presiding Judge: HON. THOMAS DAWSON WINGATE (648243)

47. In light of the foregoing, Defendants have violated the requirements of KRS

441.045(5).

48. Pursuant to KRS 446.070, Plaintiffs seek a judicial declaration that Defendants

have violated KRS 446.070 in refusing to negotiate contracts with Campbell, Kenton, Boyd

and Marion Counties, and an injunction requiring them to negotiate and enter into contracts

with those Counties.

COUNT III

49. Plaintiffs reallege and incorporate by reference the foregoing paragraphs, as if

specifically set forth herein.

50. Under KRS 441.047, whenever a state inmate needs a psychiatric evaluation,
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treatment, or service, it is the responsibility of Defendants to provide that evaluation,

treatment, or service at Defendants’ expense at the nearest state-operated or state-

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supported facility suitable for the provision of the necessary evaluation, treatment or

service. In the event that a state-operated or state-supported facility is unavailable for that

purpose, Defendants are statutorily obligated to reimburse a county the costs it incurs in

securing a psychiatric evaluation, treatment, or service from another provider in the

community.

51. Regularly, Defendants have failed to reimburse Plaintiffs the costs they have

incurred in securing psychiatric evaluations, treatments, or services for state inmates.

52. Consequently, and contrary to the plain language of KRS 441.045(5), Plaintiffs

are left to subsidize the costs of psychiatric evaluations, treatment or services for state

inmates.

53. In light of the foregoing, Defendants have violated the requirements of KRS

Presiding Judge: HON. THOMAS DAWSON WINGATE (648243)

441.047.

54. Pursuant to KRS 446.070, Plaintiffs seek a judicial declaration that Defendants

are required to provide at a state-operated or state-supported facility – and if unable to do

so, to reimburse Plaintiffs for the costs they incur in securing locally – psychiatric

evaluations, treatment, or services for state inmates. And, Plaintiffs seek injunctive relief

requiring Defendants to do same going forward.

COUNT IV

55. Plaintiffs reallege and incorporate by reference the foregoing paragraphs, as if

specifically set forth herein.

56. Notwithstanding any other amount a county may receive from Defendants in
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connection with the housing of state inmates, KRS 441.206 requires Defendants to make

certain payments – which are not to be less, but may be more, than $24,000 per year – to

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counties for the care and maintenance of inmates charged with or convicted of violations of

state law.

57. Defendants have regularly failed to make sufficient payments to Plaintiffs.

58. Consequently, Plaintiffs are left to subsidize the costs of care and maintenance

of inmates charged with or convicted of violations of state law.

59. In light of the foregoing, Defendants have violated the requirements of KRS

441.206.

60. Pursuant to KRS 446.070, Plaintiffs seek a judicial declaration that the law

requires Defendants to make the payments described by KRS 441.206, and injunctive relief

requiring them to make the payments going forward.

COUNT V

Presiding Judge: HON. THOMAS DAWSON WINGATE (648243)

61. Plaintiffs reallege and incorporate by reference the foregoing paragraphs, as if

specifically set forth herein.

62. For each day their jails house state inmate, Defendants pay Plaintiffs $35.34 -

$1.91 for medical = $33.43 per state inmate to defray the costs associated with the housing.

63. In reality, the costs Plaintiffs incur in housing a state inmate exceeds $50.00

per day.

64. Thus, not only do Plaintiffs subsidize the costs of providing medical, dental,

pharmaceutical, psychological and psychiatric care for state inmates, as described in the

foregoing paragraphs of this Complaint, Plaintiffs also subsidize the costs of housing state

inmates.
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 65. By subsidizing these costs, Plaintiffs have conferred a benefit upon

Defendants, for which Defendants have provided no consideration, when Defendants would

otherwise pay those expenses.

66. It would be inequitable not to require Defendants to reimburse Plaintiffs for

the expenses Plaintiffs have incurred to date in connection with housing and providing

medical, dental, pharmaceutical, psychological and psychiatric care to state inmates. In that

event, Defendants would be unfairly allowed to retain a benefit, at Plaintiffs’ expense, for

which Defendants have provided no consideration.

67. Therefore, seek a judicial declaration that Defendants have been unjustly

enriched at Plaintiffs’ expense.

COUNT VI

Presiding Judge: HON. THOMAS DAWSON WINGATE (648243)

68. The Kentucky legislature has clearly contemplated that Defendants would

negotiate and enter into contracts with county fiscal courts relating to the housing of state

inmates and reimbursement for their medical, dental, pharmaceutical, psychological and

psychiatric care. See KRS 441.045.

69. Nevertheless, Defendants refuse to negotiate and enter into such contracts

with any of the Plaintiffs.

70. Defendants’ refusal to negotiate and enter into contracts with Plaintiffs

relating to the housing of state inmates and reimbursement for their medical, dental,

pharmaceutical, psychological and psychiatric care – coupled with Defendants’ arbitrary and

unilateral determination of the amount of the per diem to be paid to Plaintiffs for housing
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state inmates and providing them with medical, dental, pharmaceutical, psychological and

psychiatric care – is inequitable. It results in Plaintiffs – and the taxpayers in their respective

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jurisdictions – having to subsidize costs that should rightfully be borne by Defendants. And,

that leaves less funding available to Plaintiffs for the provision of necessary and desirable

local services to their respective citizens.

71. Plaintiffs seek a judgment from the Court declaring that the law requires

Defendants to negotiate contracts with Plaintiffs relating to the housing of state inmates and

reimbursement for their medical, dental, pharmaceutical, psychological and psychiatric care,

as well as injunctive relief requiring Defendants to do same.

COUNT VII

72. Plaintiffs reallege and incorporate by reference the preceding paragraphs, as

if fully rewritten herein.

73. If they cannot make bail or if a court orders that they be held without bail,

Presiding Judge: HON. THOMAS DAWSON WINGATE (648243)

pretrial detainees often spend significant time in county jails, including the jails in Campbell,

Kenton, Boyd and Marion Counties, waiting for trial on their state charges. And, convicted

felons often spend significant time in county jails.

74. Even though pretrial detainees are in county jails on state charges, Defendants

pay counties – including Campbell, Kenton, Boyd and Marion Counties – nothing toward the

costs of housing or providing medical, dental, pharmaceutical, psychological or psychiatric

care for them. And, even though they are in county jails after having been convicted on state

charges, Defendants pay counties – including Campbell, Kenton, Boyd and Marion Counties

– nothing toward the costs of housing or providing medical, dental, pharmaceutical,

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psychological or psychiatric care for convicted felons until the convicted felons are final

sentenced.

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 75. Defendants have gotten away with paying counties nothing toward these costs

by unilaterally, arbitrarily, and in self-serving fashion, determining that such inmates are not

“state inmates” until they are final sentenced even though each such inmate is statutorily

given credit for time served in the county jail when the inmate is sentenced.

76. Consequently, counties, including Campbell, Kenton, Boyd and Marion

Counties, have been forced to pay all the costs attendant to housing accused and convicted,

but not yet final sentenced, inmates from the time the inmate is taken into custody until the

time he is finally sentenced, even though the inmate is in the county jail on state charges.

77. It would be inequitable to allow Defendants to continue to refuse

responsibility for the costs of housing and providing medical, dental, pharmaceutical,

psychological and psychiatric care to accused and convicted-but-not-yet-sentenced inmates.

Presiding Judge: HON. THOMAS DAWSON WINGATE (648243)

78. Therefore, Plaintiffs seek a judgment from the Court declaring that the law

requires Defendants to pay counties the costs they incur in housing and providing medical,

dental, pharmaceutical, psychological and psychiatric care to accused and convicted-but-

not-yet-sentenced inmates. Additionally, Plaintiffs seek injunctive relief requiring

Defendants to pay for such costs going forward.

WHEREFORE, Plaintiffs respectfully pray for the following relief:

A. For a judicial declaration that Defendants are required by law to classify

inmates within 45 days of their final sentencing.

B. For injunctive relief requiring Defendants to classify inmates within 45 days

of their sentencing in the future.

C. For a judicial declaration that Defendants are required by law to provide at a

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state-operated or state-supported facility – and if unable to do so, to reimburse

Defendants for the costs they incur in securing locally – psychiatric
evaluations, treatment, or services for state inmates.

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 D. For injunctive relief requiring Defendants to provide at a state-operated or
state-supported facility – and if unable to do so, to reimburse Defendants for
the costs they incur in securing locally – psychiatric evaluations, treatment, or
services for state inmates in the future.

E. For a judicial declaration that the law requires Defendants to make the
payments described by KRS 441.206.

F. For injunctive relief requiring Defendants to make the payments described in

KRS 441.206 in the future.

G. For a judicial declaration that the law requires Defendants to negotiate a

contract with Plaintiffs relating to the housing of state inmates and
reimbursement for their medical, dental, pharmaceutical, psychological and
psychiatric care.

H. For injunctive relief requiring Defendants to negotiate a contract with

Plaintiffs relating to the housing of state inmates and reimbursement for their
medical, dental, pharmaceutical, psychological and psychiatric care.

I. For a judicial declaration that the law requires Defendants to pay counties the

Presiding Judge: HON. THOMAS DAWSON WINGATE (648243)

cost of housing, and the cost of providing medical, dental, pharmaceutical,
psychological and psychiatric care to, accused and convicted-but-not-yet-
sentenced felons.

J. For injunctive relief requiring Defendants to pay counties, going forward, the
cost of housing, and the cost of providing medical, dental, pharmaceutical,
psychological and psychiatric care to, accused and convicted-but-not-yet-
sentenced felons.

K. For any other relief to which Plaintiffs may be entitled.

Respectfully submitted,

/s/ Jeffrey C. Mando

Jeffrey C. Mando, Esq. (#43548)
Jennifer L. Langen, Esq. (#87690)
Olivia F. Amlung, Esq. (#97449)
ADAMS LAW, PLLC
40 West Pike Street
Covington, KY 41011
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859.394.6200 | 859.392.7200 – Fax

jmando@adamsattorneys.com
jlangen@adamsattorneys.com
oamlung@adamsattorneys.com
Attorneys for Plaintiffs
2495344.2
227330-80547
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