Tinch v. Jefferson County Public School System et al

Filing 46

MEMORANDUM & ORDER granting 41 Motion to Dismiss; granting 24 Motion to Dismiss as to Chris Brands. Signed by Judge John G. Heyburn, II on 1/2/2014. cc:counsel (KJA)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF KENTUCKY
AT LOUISVILLE
CIVIL ACTION NO. 3:12-CV-00844-H
JOSHUA TINCH

PLAINTIFF

v.
JEFFERSON COUNTY PUBLIC
SCHOOL SYSTEM, et al.

DEFENDANTS

MEMORANDUM AND ORDER
On November 27, 2012, Plaintiff filed an action against the Jefferson County Public
School System and several of its officials, including, Chris Brands. The complaint alleged state
law claims, defamation, invasion of privacy and other related federal claims. Defendants
removed to federal court and now one of them, Brands, has moved to dismiss on statute of
limitations grounds.
The claims arise from events which occurred between August 29, 2011, and December 8,
2011. No one disputes that the statute of limitations as to these claims is one year. See KRS
413.140(d). Defendant argues that because Plaintiff failed to cause summons to be issued and to
make a good faith effort to serve it prior to December 8, 2012, his claims against Brands are now
barred.
The result here is rather straightforward. After reviewing the full briefing, it seems clear
that Plaintiff did not cause a summons to be issued as to Brands or to be served upon him prior to
December 8, 2012. Under Kentucky law, a plaintiff must file a complaint and cause issuance of
the summons within the statutory time. See Nanny v. Smith, 260 S.W.3d 815 (Ky. 2008). Here,
Plaintiff did not assure that the summons was either signed or stamped by the Circuit Court

Clerk. As a consequence, service of summons upon Brands did not take place until about a year
after the statute had run. Under certain circumstances, Plaintiff cannot merely assume that the
summons would somehow be timely issued. The filing of the amended complaint in this Court
does not change matters.
Being otherwise sufficiently advised,
IT IS HEREBY ORDERED that the motion of Defendant, Chris Brands, to dismiss is
SUSTAINED and the complaint against him is DISMISSED WITH PREJUDICE. All other
claims may proceed.

January 2, 2014

cc:

Counsel of Record