Harvey Pelfrey; Daniel Shoemaker; Debbie Alexander; Harley Conkright; Jesse Jones; Julie Adams; Randall Ross; and Unknown Employees, Agents, and/or Representatives of the Three Forks Regional Jail v. The Estate of Steven Dewey McDowell, by and Through Brenda Roberts, as Administratrix

Summary

The Kentucky Court of Appeals reviewed an interlocutory appeal from the denial of jail officials' motion for summary judgment. The court held that Ross, Jones, Conkright, and Pelfrey were entitled to qualified official immunity because their relevant acts were discretionary, performed in good faith, and within the scope of their authority. The court dismissed the portion of the appeal concerning substantive negligence arguments against Alexander, Shoemaker, and Adams and remanded for further proceedings.

Holdings

1. The deputies' use of oleum capsicum to control an inmate who left his cell and repeatedly disobeyed verbal commands was discretionary rather than ministerial. The deputies made a prima facie showing that the acts were within their discretionary authority, the Estate did not establish bad faith, and the acts were within the scope of their employment. They were therefore entitled to qualified official immunity and summary judgment.
2. Pelfrey's rule-making and enforcement functions concerning the conduct of jail employees and inmates, including the use of oleum capsicum and related medical response, were discretionary acts performed in good faith and within the scope of his authority. Pelfrey was therefore entitled to qualified official immunity and summary judgment.
3. The court lacked authority to consider the defendants' substantive argument that the record did not support negligence claims because the interlocutory-appeal exception for immunity-based summary-judgment denials does not permit review of substantive issues.

Questions Presented

1. Whether deputies Ross, Jones, and Conkright were entitled to qualified official immunity for their use of oleum capsicum to control McDowell.
2. Whether Jail Administrator Pelfrey was entitled to qualified official immunity for alleged failures involving jail rules, training, and medical procedures concerning oleum capsicum.
3. Whether the Court of Appeals could review the substantive sufficiency of negligence claims against Alexander, Shoemaker, and Adams in an interlocutory appeal from the denial of summary judgment.

Disposition

reversed_and_remanded