vovaroof.blogg.se - Rodney dale meece commonwealth journal

#Rodney dale meece commonwealth journal pro#
#Rodney dale meece commonwealth journal trial#

The Department filed a motion for summary judgment, seeking dismissal of Meece's claims, which the trial court granted.

Meece filed a petition for declaratory judgment seeking injunctive relief and monetary damages stemming from his allegations that the Department denied his access to the Institutional Religious Center ("Center") in the Penitentiary to observe the Sabbath on Friday evenings and Saturday mornings, and argued that on the days he is granted access to the Center, he is subjected to the worship of religions other than his own which distracts his observance. Due to his status as a death row inmate, Meece is confined to the Special Security Unit, which is separated from the general population prisoners in the Penitentiary. Meece is serving a death sentence at the Kentucky State Penitentiary ("Penitentiary") in Eddyville, Kentucky. John Rees, LaDonna Thompson, Tom Simpson, Phillip Parker, Nancy Doom, Allan Brown, Patti Treat, Duke Petit, Robert "Rocky" Roberts, and Sheila Burnham in their individual and official capacities as staff at Kentucky State Penitentiary. (hereinafter collectively referred to as the "Department").

#Rodney dale meece commonwealth journal pro#

VANMETER, JUDGE: William Meece appeals pro se from the Franklin Circuit Court's opinion and order granting summary judgment in favor of the Commonwealth of Kentucky, Department of Corrections, et al. 07-CI-01692īEFORE: NICKELL, TAYLOR, AND VANMETER, JUDGES. Go toĪPPEAL FROM FRANKLIN CIRCUIT COURT HONORABLE PHILLIP J. Further, "a party opposing a properly supported summary judgment motion cannot defeat it without presenting at least some affirmative evidence showing that there is a genuine issue of material fact for trial." Id. The trial court must view the record "in a light most favorable to the party opposing the motion for summary judgment and all doubts are to be resolved in his favor." Steelvest, Inc.

Summary judgment shall be granted only if "the pleadings, depositions, answers to interrogatories, stipulations, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law." CR 56.03.

Because no factual issues are involved and only legal issues are before the court on a motion for summary judgment, we do not defer to the trial court and our review is de novo.

Our standard of review is "'whether the trial court correctly found that there were no genuine issues as to any material fact and that the moving party was entitled to judgment as a matter of law.'" Lewis v.