Kincer v. Southeast Kentucky Community and Technical College. Melissa Thompson Richardson successfully obtained a dismissal for her client, a member of the Kentucky Community & Technical College System (KCTCS), in a discrimination action brought by a former student. Following the filing of a Motion to dismiss asserting sovereign immunity with respect to Plaintiff’s claims and a hearing on same, the Court requested additional briefing regarding whether KCTCS’s sovereign immunity applied to the statutory claims asserted by Plaintiff. The additional briefing submitted by Ms. Richardson argued that KCTCS’s sovereign immunity applied both to the state and federal statutory claims asserted by Plaintiff as the General Assembly has not expressly waived its immunity with respect to such claims. Based upon this additional briefing, the Court dismissed Plaintiff’s claims with prejudice.
