Jones v. Crittenden

Summary

The Kentucky Supreme Court considers whether discrimination and retaliation claims brought under the Kentucky Civil Rights Act by Kentucky National Guard members are justiciable in a civilian court. It holds that federal constitutional and statutory control over the National Guard, together with the Feres doctrine and related military nonjusticiability principles, precludes the claims absent an express congressional authorization. The court affirms the Court of Appeals' issuance of a writ directing dismissal of the claims.

Holdings

1. Claims brought by Kentucky National Guardsmen under KRS Chapter 344 for injuries incurred while in military service are not justiciable in civilian court because Congress has not expressly authorized such suits.
2. The federal military scheme strongly implies preemption of state regulation of discrimination suits against military authorities in the circumstances presented.
3. The Court of Appeals properly granted the writ, and the Supreme Court of Kentucky affirmed that decision.

Questions Presented

1. Whether Kentucky National Guard members may pursue discrimination and retaliation claims under KRS Chapter 344 for injuries arising from military service.
2. Whether federal control over the National Guard and the constitutional allocation of military authority make those claims nonjusticiable in a civilian court absent an express congressional authorization.
3. Whether the Court of Appeals properly granted a writ preventing the Franklin Circuit Court from proceeding with the claims.

Disposition

affirmed