COMMONWEALTH OF KENTUCKY
FRANKLIN CIRCUIT COURT
DIVISION ___
CIVIL ACTION NO. 14-CI-______
FRANKLIN CIRCUIT COURT
DIVISION ___
CIVIL ACTION NO. 14-CI-______
DAVID ADAMS PLAINTIFF
V. COMPLAINT
COMMONWEALTH OF KENTUCKY, DEFENDANTS
OFFICE OF THE GOVERNOR, Steven L. Beshear,
OFFICE OF THE STATE TREASURER, Todd Hollenbach,
CABINET SECRETARY HEALTH AND HUMAN SERVICES,
Audrey Tayse Haynes
Serve: Governor Steven L. Beshear
Office of the Governor
700 Capitol Avenue, Suite 100
Frankfort, KY 40601
State Treasurer Todd Hollenbach
Office of the State Treasurer
1050 US Hwy 127 South
OFFICE OF THE GOVERNOR, Steven L. Beshear,
OFFICE OF THE STATE TREASURER, Todd Hollenbach,
CABINET SECRETARY HEALTH AND HUMAN SERVICES,
Audrey Tayse Haynes
Serve: Governor Steven L. Beshear
Office of the Governor
700 Capitol Avenue, Suite 100
Frankfort, KY 40601
State Treasurer Todd Hollenbach
Office of the State Treasurer
1050 US Hwy 127 South
Suite 100
Frankfort KY 40601
Serve: Audrey Tayse Haynes
Cabinet For Health and Family
Services
275 East Main Street 5W-A
Frankfort, KY 40621
Frankfort KY 40601
Serve: Audrey Tayse Haynes
Cabinet For Health and Family
Services
275 East Main Street 5W-A
Frankfort, KY 40621
***************************************************
Plaintiff, David Adams, for his Complaint against Defendants, the Commonwealth of Kentucky, acting through the Office of the Governor (“Governor”), and Governor Steve Beshear, in his official capacity as Governor of the Commonwealth, State Treasurer Todd Hollenbach, in his official capacity as State Treasurer and Audrey Tayse Haynes, in her official capacity as Secretary of the Cabinet for Health and Family Services respectfully states as follows:
I. Nature of Action
- This is a civil action for declaratory and injunctive relief relating to Governor
Beshear’s continued attempt to unilaterally impose upon the Commonwealth acceptance of optional provisions of the federal Patient Protection and Affordable Care Act, hereinafter ObamaCare. David Adams seeks injunctive relief in the form of a court order forbidding Governor Beshear from spending state funds related to ObamaCare’s optional provisions under any circumstances without prior and proper legislative approval.
2. Time is of the essence in resolving this issue because the current state budget explicitly forbids spending state funds directly or indirectly related to ObamaCare. Defendants’ actions make clear they have no intention of obeying state law in this matter until forced to do so. Continued delay in limiting the state officials’ activities in this matter to within the scope of Kentucky law and Constitution of the Commonwealth of Kentucky sets a terrible precedent for ignoring constitutional limits on executive branch authority to protect Kentuckians’ rights to seek and pursue their safety and happiness as explicitly guaranteed by the Kentucky Constitution.
3. The judicial branch of the Commonwealth of Kentucky is the only remaining venue for redress available to David Adams.
4. As a result of the actions of Defendants, David Adams respectfully seeks an injunction against any continued illegal spending related to ObamaCare until such time as proper legislative approval is granted as required by Kentucky law and the Kentucky Constitution.
II. The Parties
5. David Adams is a citizen of the Commonwealth of Kentucky.
6. Governor Steve Beshear is sued in his official capacity as Governor of the Commonwealth of Kentucky.
7. State Treasurer Todd Hollenbach is sued in his official capacity as State Treasurer of the Commonwealth of Kentucky.
8. Cabinet Secretary Audrey Tayse Haynes is sued in her official capacity as Secretary of the Health and Family Services Cabinet.
4. As a result of the actions of Defendants, David Adams respectfully seeks an injunction against any continued illegal spending related to ObamaCare until such time as proper legislative approval is granted as required by Kentucky law and the Kentucky Constitution.
II. The Parties
5. David Adams is a citizen of the Commonwealth of Kentucky.
6. Governor Steve Beshear is sued in his official capacity as Governor of the Commonwealth of Kentucky.
7. State Treasurer Todd Hollenbach is sued in his official capacity as State Treasurer of the Commonwealth of Kentucky.
8. Cabinet Secretary Audrey Tayse Haynes is sued in her official capacity as Secretary of the Health and Family Services Cabinet.
III. Jurisdiction
9. Jurisdiction is proper pursuant to KRS 418.040 and Kentucky Constitution Section 112 (5).
9. Jurisdiction is proper pursuant to KRS 418.040 and Kentucky Constitution Section 112 (5).
IV. Factual allegations and Background
10. The Executive Branch Budget as enacted by House Bill 235 in the 2014 General Assembly states: “Subsequent to these Executive Branch actions, no executive order related to the ACA has been codified by the General Assembly, nor has any administrative regulation related to the ACA been approved by a vote of the majority of the members of a legislative committee. Providing that the Governor continues unilateral implementation and operation of the ACA in the Commonwealth, the General Assembly shall limit the ACA's impact on the 2014-2016 State/Executive Branch Budget and future biennial budgets so as not to bind future General Assemblies. Therefore, no provision within this Act shall be deemed, adjudged, or constructed as being a recognition, finding, or admission of the General Assembly's approval of the operation of the ACA in Kentucky.”
11. The Executive Branch Budget as enacted by House Bill 235 in the 2014 General Assembly further states: “The Governor is expressly prohibited from expending any General Fund resources on any expenditure directly or indirectly associated with the Health Benefit Exchange. ”
12. The Executive Branch Budget as enacted by House Bill 235 in the 2014 General Assembly further states: “As the only body in the Commonwealth with the constitutional power to make appropriations, the General Assembly recognizes that federal funding for the expansion of Kentucky's Medicaid Program is not recurring in nature; therefore, the intent of the General Assembly is that funds received from the Affordable Care Act, or its successor, shall not be used to permanently expand existing programs, permanently create new programs, or in any way increase the requirements to be placed on the General Fund or Road Fund above the adjusted appropriation level as of June 30, 2014. ”
13. Defendants have made contracts in violation of these clear prohibitions as enacted by the General Assembly and have further made public statements indicating no intention to obey state law unless forced to do so. This unprecedented attempt at the abrogation of the rule of law in the Commonwealth cannot be countenanced by people who wish to remain civilized.
V. Claims for relief
14. David Adams seeks declaratory relief pursuant to KRS 418.040. David Adams seeks a judicial determination of the rights and duties of the parties with regard to an actual controversy arising out of Defendants’ conspiracy to adopt optional provisions of ObamaCare without prior and proper legislative approval and to spend state funds in violation of Section 230 of the Constitution of the Commonwealth of Kentucky in violation of David Adams’ rights as a citizen.
15. David Adams seeks injunctive relief to stop Defendants’ violation of state law prohibiting spending of state funds for ObamaCare.
VI. Prayer for relief
16. David Adams requests the court enter a judgment declaring Defendants have erred in contracting, agreeing and conspiring to violate state law by spending state funds for ObamaCare despite the clear prohibition of same by the duly enacted 2014 Executive Branch Budget and prohibiting them from continuing to do so or to resume such activity until they are granted prior and proper permission by an act of the Kentucky General Assembly.
Respectfully submitted,
David Adams
121 Nave Place
Nicholasville, KY 40356
859-537-5372
Plaintiff
CERTIFICATE OF SERVICE
This certifies the forgoing was served this 5th day of November, 2014 via U.S. Mail upon:
Serve: Governor Steven L. Beshear
Office of the Governor
700 Capitol Avenue, Suite 100
Frankfort, KY 40601
Serve: State Treasurer Todd Hollenbach
Office of the State Treasurer
1050 US Hwy 127 South
Suite 100
Frankfort KY 40601
Serve: Audrey Tayse Haynes
Cabinet For Health and Family
Services
275 East Main Street 5W-A
Frankfort, KY 40621
_________________________________
David Adams
David Adams
121 Nave Place
Nicholasville, KY 40356
859-537-5372
Plaintiff
CERTIFICATE OF SERVICE
This certifies the forgoing was served this 5th day of November, 2014 via U.S. Mail upon:
Serve: Governor Steven L. Beshear
Office of the Governor
700 Capitol Avenue, Suite 100
Frankfort, KY 40601
Serve: State Treasurer Todd Hollenbach
Office of the State Treasurer
1050 US Hwy 127 South
Suite 100
Frankfort KY 40601
Serve: Audrey Tayse Haynes
Cabinet For Health and Family
Services
275 East Main Street 5W-A
Frankfort, KY 40621
_________________________________
David Adams
