Case: 2:09-cv-00020-DLB-JGW Doc #: 1 Filed: 02/11/09 Page: 1 of 4 - Page ID#: 1

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF KENTUCKY
NORTHERN DIVISION AT COVINGTON
CIVIL ACTION NO. 2009-________
SAMANTHA RICHARD,
INDIVIDUALLY AND AS
ADMINISTRATRIX OF THE
ESTATE OF KENNETH MARCUM

PLAINTIFF

v.
SOUTHERN HEALTH PARTNERS,
INC.

DEFENDANTS

and
CAMPBELL COUNTY DETENTION
CENTER
and
GREG L. BUCKLER, individually and
in his official capacity as Campbell
County Jailer
and
JIM DALEY, individually and in his
official capacity as Chief Deputy Jailer
and
CAMPBELL COUNTY FISCAL
COURT

NOTICE OF REMOVAL

The Defendants, Southern Health Partners, Inc.; the Campbell County Detention Center;
Greg L. Buckler, individually and in his official capacity as Campbell County Jailer; Jim Daley,
individually and in his official capacity as Chief Deputy Jailer; and, the Campbell County Fiscal

 Case: 2:09-cv-00020-DLB-JGW Doc #: 1 Filed: 02/11/09 Page: 2 of 4 - Page ID#: 2

Court, file this Notice of Removal to the United States District Court for the Eastern District of
Kentucky at Covington, and state as follows:
1.

On January 22, 2008, the Plaintiff, Sandra Richard, individually and as

Administratrix of the Estate of Kenneth Marcum, filed a Complaint against the Defendants in the
Campbell County, Kentucky Circuit Court, Second Division. The Campbell Circuit Court Clerk
assigned the Complaint as Civil Action No. 09-CI-00084.
2.

Attached hereto is a true and accurate copy of the Complaint served on the

Defendants in the Campbell Circuit Court action identified in the previous paragraph. The
Complaint constitutes all of the pleadings served upon Defendants in this action.
3.

The Court has jurisdiction over the action pursuant to 28 U.S.C. § 1331 and 28

U.S.C. § 1441, in that:
(a) In her Complaint, Plaintiff asserts a 42 U.S.C. § 1983 action and claims a violation of
decedent, Kenneth Marcum s rights in contravention of the 1st, 4th, 5th, 8th

and

14th

Amendments to the United States Constitution, claims for which the United States
District Courts are given original jurisdiction pursuant to the statutes cited herein;
and,
(b) In her Complaint, Plaintiff alleges, inter alia, related state law claims for negligence
under Kentucky Revised Statutes 441.045(10) and 441.055 as well as under KAR
3:090(8), claims for which the United States District Courts have supplemental
jurisdiction.
4.

Defendants Notice of Removal is filed within thirty (30) days after the

Defendants were served with a copy of the Summons and Complaint in this action.
5.

This civil action is properly removable pursuant to 28 U.S.C. § 1441(a).

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6.

A copy of the Notice of Removal will promptly be filed with the Campbell Circuit

Court Clerk, pursuant to 28 U.S.C. § 1446(d).
WHEREFORE, the Defendants, Southern Health Partners, Inc.; the Campbell County
Detention Center; Greg L. Buckler, individually and in his official capacity as Campbell County
Jailer; Jim Daley, individually and in his official capacity as Chief Deputy Jailer; and, the
Campbell County Fiscal Court, give notice of the removal of this action from the Circuit Court
of Campbell County, Kentucky to the United States District Court for the Eastern District of
Kentucky at Covington.
Respectfully submitted,
s/ JEFFREY C. MANDO
JEFFREY C. MANDO (#43548)
ADAMS, STEPNER,
WOLTERMANN & DUSING, PLLC
40 W. Pike Street, P.O. Box 861
Covington, Kentucky 41012-0861
(859)394-6200
(859)392-7263 Fax
jmando@aswdlaw.com
Attorneys for Defendants, Campbell County Detention
Center; Greg L. Buckler, Jim Daley, and the Campbell
County Fiscal Court,

s/ DARREN T. SAMMONS (per authorization)
ROBERT F. DUNCAN
DARREN T. SAMMONS
JACKSON KELLY PLLC
175 East Main Street, Suite 500
P.O. Box 2150
Lexington, KY 40588
(859) 255-9500
(859) 281-6478
dtsammons@jacksonkelly.com
Attorney for Defendant, Southern Health Partners, Inc.

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CERTIFICATE OF SERVICE
This is to certify that on the 11th day of February, 2009, I electronically filed the
foregoing with the clerk of the court by using the CM/ECF system which will send a notice of
electronic filing to Robert E. Blau.

s/ JEFFREY C. MANDO
JEFFREY C. MANDO (#43548)
ADAMS, STEPNER,
WOLTERMANN & DUSING, PLLC
40 W. Pike Street
P.O. Box 861
Covington, Kentucky 41012-0861
(859) 394-6200
(859) 392-7263 Fax
jmando@aswdlaw.com
376848.1