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Sebree v. Kentucky State Police5/13/2005
statute makes it "unlawful for a person, or for two (2) or more persons to conspire: . (2) to aid, abet, incite, compel, or coerce a person to engage in any of the acts or practices declared unlawful by this chapter .." Plaintiff insists that Rowe conspired to discriminate against Plaintiff based upon his alleged disability. However, it is undisputed that Plaintiff was not diagnosed with a depressive condition until after his final day of work with KSP. Thus, Rowe could not have discriminated against Plaintiff, base upon this alleged disability, prior to the beginning of Plaintiff's leave from work.
The remaining issues raised by Plaintiff, which occurred after Plaintiff was diagnosed with depression, also fail to sustain a claim for discrimination. The overwhelming evidence in the record establishes that the SLEO commission was denied for reasons entirely unrelated to Plaintiff's disability. Moreover, that decision was made after a thorough examination by the Justice Cabinet, not Rowe. Finally, any decisions regarding Plaintiff's sick leave were made by his new supervisor, Captain Tim Hazlette. Furthermore, Plaintiff has not been able to cite any evidence that KSP treated him unfairly with respect to his leave from work. Plaintiff received over 16 months of paid sick leave, then another full year of unpaid leave. Considering the evidence in the light most favorable to Plaintiff, it is impossible for Plaintiff to produce evidence at trial warranting a judgment in his favor and against the movant.
Despite Sebree's insistence to the contrary, the circuit court did, in fact, view the evidence in the light most favorable to him, and it correctly concluded that no genuine issues of material facts exist. Consequently, the judgment is affirmed.
ALL CONCUR.
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