Brent Caldwell, Administrator of the Estate of Steven Lee McStoots v. Clark Taylor
CourtCourt of Appeals of Kentucky
Date FiledNovember 6, 2026
Docket2025-CA-0964
JudgeMcNeill
StatusUnpublished
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Full Opinion
RENDERED: NOVEMBER 6, 2026; 10:00 A.M.
NOT TO BE PUBLISHED
Commonwealth of Kentucky
Court of Appeals
NO. 2025-CA-0964-MR
BRENT CALDWELL,
ADMINISTRATOR OF THE ESTATE
OF STEVEN LEE MCSTOOTS,
DECEASED APPELLANT
APPEAL FROM OLDHAM CIRCUIT COURT
v. HONORABLE JERRY CROSBY, II, JUDGE
ACTION NO. 14-CI-00744
CLARK TAYLOR; ANNA
VALENTINE; CORRECTCARE-
INTEGRATED HEALTH, INC.;
DANNY PERRY; DONNA T. SMITH,
MD; AND JEFF GEORGE APPELLEES
OPINION
AFFIRMING IN PART,
REVERSING IN PART,
AND REMANDING
** ** ** ** **
BEFORE: CALDWELL, A. JONES, AND MCNEILL, JUDGES.
MCNEILL, JUDGE: This is a negligence case arising from the death of Steven
Lee McStoots (“Mr. McStoots”). Mr. McStoots suffered from mental health
conditions including psychosis and depression. In 2013, he was an inmate in the
Correctional Psychiatric Treatment Unit (“CPTU”) at the Kentucky State
Reformatory (“KSR”). Mr. McStoots died there on January 16, 2013, after
correctional staff placed him in a restraint device because of a psychotic episode.
On November 19, 2014, Dorothy Canary, Mr. McStoots’ mother, filed
a wrongful death action in Oldham Circuit Court alleging negligence and gross
negligence.1 After Ms. Canary’s death, the present Appellant was substituted,
Brent Caldwell Administrator of the Estate of Steven Lee McStoots (“the Estate”).
Defendant-Appellees are CorrectCare–Integrated Health, Inc.,
(“CorrectCare”), Psychiatrist Donna T. Smith, M.D. (“Dr. Smith”), Warden Clark
Taylor (“Warden Taylor”), Unit Administrator Danny Perry (“Perry”), Anna
Valentine (“Valentine”), and Correctional Officer Jeff George (“George”).2 The
1
Because gross negligence was not an issue on appeal, we make no determination on that
matter.
2
The Estate appears to have abandoned their claims against Valentine and George. The trial
court noted this in its order indicating that the Estate did not contest summary judgment against
the officers. Similarly, the Estate confines its argument on appeal to Warden Taylor, Perry, and
Dr. Smith. And although the trial court expressed concern regarding application of vicarious
liability to the non-state defendants, CorrectCare concedes on page five of its brief that “[a]t the
time of Mr. McStoots’s incarceration at KSR, Dr. Smith was employed as a licensed psychiatrist
by [CorrectCare] a contract vendor providing medical staffing to KSR.” They are represented by
private counsel. The remaining Appellees are represented by counsel for the Kentucky
Department of Corrections (“KDOC”).
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circuit court granted summary judgment in favor of all defendants in two separate
orders.
In one order, the court determined that Warden Taylor and Perry were
entitled to qualified immunity regarding their discretionary functions and that they
were not negligent in the execution of their ministerial functions. In a second
order, the court held that CorrectCare and Dr. Smith were not negligent. The
Estate appeals to this Court as a matter of right. For the following reasons, we
affirm in part, reverse in part, and remand.
STANDARD OF REVIEW
“[O]nce the material facts are resolved, whether a particular
defendant is protected by official immunity is a question of law, which we
review de novo.” Rowan Cnty. v. Sloas, 201 S.W.3d 469, 475 (Ky. 2006), as
corrected (Sep. 26, 2006) (citations omitted). As previously stated, two summary
judgments are at issue here. A motion for summary judgment should be granted
“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.” CR3 56.03. “[W]e must view the evidence in the
3
Kentucky Rules of Civil Procedure.
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light most favorable to the party opposed to the motion.” Schmidt v. Leppert, 214
S.W.3d 309, 311 (Ky. 2007) (citation omitted). However,
when a defendant moves to dispense with a claim based
on qualified official immunity, the court should not
restrict its analysis to the summary judgment standard of
CR 56. Because factfinding is often necessary in
deciding the immunity question, a different rule applies,
both for the trial court and the reviewing court on appeal.
“[A]n issue of weight and credibility is presented for the
factfinder, subject only to the clear error review of
appellate courts under CR 52.01.” Sheehy, 706 S.W.3d
at 239 (footnote omitted). This rule, not CR 56, applies
under such circumstances.
....
. . . A trial court’s factual findings are not clearly
erroneous if they are “supported by substantial evidence.
Substantial evidence is evidence that a reasonable mind
would accept as adequate to support a conclusion, or
evidence that has sufficient probative value to induce
conviction in the minds of reasonable men.” Graham v.
Secretary of State Michael Adams, 684 S.W.3d 663, 675
(Ky. 2023) (cleaned up).
Dickerson v. Bower, 723 S.W.3d 799, 806–07 (Ky. App. 2025), discretionary
review denied (Dec. 10, 2025). As to any non-immunity procedural issues, we
apply CR 56. We begin, however, with the matter of qualified immunity.
ANALYSIS
Qualified official immunity applies to a negligent act or omission by a
public officer or employee for his or her “(1) discretionary acts or functions, i.e.,
those involving the exercise of discretion and judgment, or personal deliberation,
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decision, and judgment . . . ; (2) in good faith; and (3) within the scope of the
employee’s authority.” Yanero v. Davis, 65 S.W.3d 510, 522 (Ky. 2001) (citation
omitted). However, qualified immunity does not extend to the negligent
performance of ministerial acts. Id. In Marson v. Thomason, the Kentucky
Supreme Court observed that the distinction between ministerial and discretionary
duties is difficult to discern. 438 S.W.3d 292, 296 (Ky. 2014). And because most
acts are neither purely discretionary or purely ministerial, it is the “dominant nature
of the act” that controls. Haney v. Monsky, 311 S.W.3d 235, 240 (Ky. 2010)
(emphasis in original). In recent years, appellate courts have detailed what is
required of parties and trial courts in qualified immunity cases. Meinhart v.
Louisville Metro Gov’t, 627 S.W.3d 824, 829–30 (Ky. 2021). Our analysis is now
as follows:
Therefore, following the rubric of Yanero and
Meinhart, there is a two-step analysis to undertake to
determine qualified official immunity. First, a court must
look at the defendant and whether he is a government
official acting within the scope of his duty and review the
relevant statute, regulation, rule, or policy to determine if
the action is ministerial or discretionary. If ministerial
then that is the end of the inquiry; trial courts do not
proceed to the question of whether the conduct
constitutes negligence. “Whether his actions . . . amount
to a tort or not depends on whether he negligently failed
to perform his mandatory acts, or negligently performed
them, which is a question for a jury, assuming of course
there is evidence that he acted unreasonably, that is,
negligently.” Marson v. Thomason, 438 S.W.3d 292,
301 (Ky. 2014). On the other hand, “[o]nce the officer or
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employee has shown prima facie that the act was
performed within the scope of his/her discretionary
authority, the burden shifts to the plaintiff to
establish by direct or circumstantial evidence that
the discretionary act was not performed in good
faith.” Yanero, 65 S.W.3d at 523. These two steps
must not be confused. The first has the burden
upon the defendant but does not consider the
actions of the defendant, i.e., whether they were
negligent or acting in good faith. The second step
shifts the burden to the plaintiff only after the
defendant has made a prima facie showing that his
actions were discretionary and within the scope of
his authority.
Sheehy v. Volentine, 706 S.W.3d 229, 237 (Ky. 2024). With this framework in
mind, we now turn to the evidence at issue in the present case.
Mr. McStoots had escalating self-harm episodes in the months before
his death, including repeated head-banging and injuries observed by staff and
reported to Dr. Smith. He also had an extensive history of requiring restraint
devices. On the day of his death, correctional officers handcuffed and shackled
Mr. McStoots as he was experiencing a severe psychotic episode in his cell. While
being escorted to another cell, he collapsed to his knees and was placed face-down
in a prone position for administration of the five-point restraint device.4
4
This device uses straps to restrain an individual’s wrists ankles, and torso—accomplished here
by strapping McStoots to a cell bunk. A video recording of these events was placed under seal in
the record. We have reviewed it multiple times.
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While applying the restraints, an officer exclaimed, “he’s not
breathing.” Several officers immediately rebutted that he was breathing. Twelve
minutes after McStoots was removed from his cell, Dr. Smith ordered the restraints
removed and emergency medical responders were called. Resuscitation attempts
were unsuccessful.
The Estate’s expert witness, Richard Sobel, M.D., opined that
Mr. McStoots died of asphyxiation likely caused or contributed to by the prone
five-point restraint and failures to intervene. His deposition testimony is replete
with critiques of Mr. McStoots’ treatment during the underlying events, including
that it was “incomprehensible” that Mr. McStoots was restrained in a face-down
prone position in such circumstances. He specifically testified that Dr. Smith
breached the applicable standard of care. We now turn to application of the law to
the evidence presented.
Qualified Immunity
Discretionary Duties
The trial court determined that Corrections Policy and Procedure
(“CPP”) 9.1 provides for correctional staff to exercise their discretion when
deciding to administer the “Level Five” / “five-point” restraint or rather, when to
administer a lesser form of restraint. We agree. The two specific regulations
addressed by the trial court are: CPP 9.1(II)(G)(1)(k)(1) (“Use of Level Four or
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Five restraints shall not last longer than the behavior continues as observed and
documented by monitoring personnel.”); and CPP 9.1(II)(G)(1)(m) (“if the
inmate’s behavior has improved, restraint level shall be decreased according the
levels outlined in (e)”). Decisions regarding restraints under these provisions of
CPP 9.1 are inherently discretionary. At the very least the “dominant nature of the
act” prescribed is discretionary. Haney, 311 S.W.3d at 240. Thus, the decision to
employ five-point restraints, as well as duration and escalation judgments, were
discretionary acts within the scope of the Appellees’ employment. And the Estate
has presented no argument that they acted in bad faith. Thus, Warden Taylor,
Perry, and any correctional officers involved, are entitled to qualified immunity
regarding decisions made pursuant to CPP 9.1(II)(G)(1)(k)(1) and CPP
9.1(II)(G)(1)(m).
Ministerial Duties
The trial court identified two CPP provisions that impose ministerial
duties: 1) advanced approval (CPP 9.1(II)(G)(1)(h)); and 2) training (CPP
9.1(II)(A)(5)). The latter requires the following: “[a]dvanced approval for
placement of the inmate in Level Five control restraint shall be given by the
Warden or his designee and by medical or a mental health professional or his
designee.” (Emphasis added.) We reiterate the distinction between discretionary
and ministerial duties as it relates to this part of our analysis:
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If ministerial then that is the end of the inquiry; trial
courts do not proceed to the question of whether the
conduct constitutes negligence. Whether his actions . . .
amount to a tort or not depends on whether he
negligently failed to perform his mandatory acts, or
negligently performed them, which is a question for a
jury, assuming of course there is evidence that he acted
unreasonably, that is, negligently.
Sheehy, 706 S.W.3d at 237 (internal quotation marks omitted) (emphasis added).
In addition to this general admonition to let juries decide whether a
ministerial duty has indeed been breached, etc., it is undisputed in the present case
that Warden Taylor’s permission was obtained. But nothing has been presented
indicating that the requisite permission of a medical or a mental health professional
was obtained. Accordingly, as to the specific provision CPP 9.1(II)(G)(1)(h), we
reverse and remand this case to the trial court for a jury determination on breach,
causation, and damages. See CR 52.01 and Sheehy, 706 S.W.3d at 237. Because
the Estate has not raised any arguments regarding George or Valentine, the only
parties potentially implicated here are Warden Taylor and Perry.
As to training on the use of the five-point device, the trial court found
that the Estate failed to demonstrate evidence indicating potential negligence. CPP
9.1(II)(A)(5) specifically provides as follows: “[i]f physical force is potentially
necessary in a staff member’s position, the staff member shall be trained in the
approved methods of applying physical force.” The record clearly indicates that at
least some of the individuals involved in the underlying events were not properly
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trained. For example, the circuit court notes in its order that “[Warden] Taylor
admits that the staff involved were not all trained in application of five-points
restraints.” After Mr. McStoots’ death, the Commissioner of Corrections for the
State of Kentucky initiated a Critical Incident Review Team (“CIRT”) to review
the incident. The CIRT concluded in part that: “[t]he inmate was being placed in 5
point restraints although no one on the cell entry team had been trained in the
application of the restraints.”5 Thus, this ministerial duty to train under CPP
9.1(II)(A)(5) was breached by Appellees’ own admission. Accordingly, as to the
specific provision CPP 9.1(II)(A)(5), we reverse and remand this case to the trial
court for a jury to determine causation and damages. See CR 52.01 and Sheehy,
706 S.W.3d at 237. Because the Estate has not raised any arguments regarding
George or Valentine, the only parties potentially implicated here are Warden
Taylor and Perry.
Lastly, as it relates to ministerial duties, the Estate repeatedly cites the
deposition testimony of a KDOC psychologist, Dr. Julie Barber, who had treated
Mr. McStoots on previous occasions and was present during the underlying events.
She testified that, during a staff meeting, she advised against using the five-point
5
The report also recommended clarification regarding the following matters: 1) whether “[a]n
inmate should be placed in the prone position or face up . . .” 2) “Should there be a mat under the
inmate . . .” and 3) “Should medical check the inmate prior to placement in the restraints if he is
currently restrained?” Additional and very specific recommendations regarding medical
treatment were provided.
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restraint on Mr. McStoots and that it had not been used on an inmate for seven or
eight years. She further testified that Perry “wanted to teach [Mr. McStoots] a
lesson, and that he was going to five-point him.” CPP 9.1(II)(G)(1)(d)(1) provides
in part that “Mechanical restraints shall not be used: as a method of punishment.”
Because the Estate has not raised any arguments regarding George and Valentine,
the only parties potentially implicated here are Warden Taylor and Perry.
And although it is unclear whether this exact provision was cited for
the trial court’s review, CPP 9.1 and Dr. Barber’s deposition testimony were
repeatedly cited and emphasized in the Estate’s response to the motion for
summary judgment and in its brief before this Court. Indeed, the trial court
acknowledged that “Dr. Barber objected to the use of such restraints.” Thus, we
will consider this issue sufficiently preserved. Accordingly, as to the specific
provision CPP 9.1(II)(G)(1)(d)(1), we reverse and remand this case to the trial
court for a jury determination on breach, causation, and damages. See CR 52.01
and Sheehy, 706 S.W.3d at 237. Because the Estate has not raised any arguments
regarding George or Valentine, the only parties potentially implicated here are
Warden Taylor and Perry.
Non-Immunity Negligence
As previously stated, CorrectCare is a private entity to which
immunity does not apply. Dr. Smith is also not a state employee or agent entitled
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to qualified immunity. Thus, traditional negligence principles apply. “A common
law negligence claim requires proof of (1) a duty owed by the defendant to the
plaintiff, (2) breach of that duty, (3) injury to the plaintiff, and (4) legal causation
between the defendant’s breach and the plaintiff’s injury.” Wright v. House of
Imports, Inc., 381 S.W.3d 209, 213 (Ky. 2012) (citation omitted). “Typically, duty
is a question of law, while breach and injury are questions of fact for the jury to
decide.” Kendall v. Godbey, 537 S.W.3d 326, 331 (Ky. App. 2017) (citation
omitted).
It appears that Dr. Smith was the only physician on the scene. She
clearly owed Mr. McStoots a duty. Yet, Dr. Smith and CorrectCare confine their
duty argument to CPP 9.1(II)(F) and CPP 9.l(II)(J)(1). While these provisions are
instructive in isolation, they lack clarity when read in concert. In any event, this is
not an immunity issue. Thus, whether these internal regulations present
discretionary or ministerial duties is of minimal relevance to non-state actors.
Rather, they are distinct from—but not orthogonal to—the common law duty, i.e.,
a psychiatrists’ applicable standard of care in this instance. Furthermore, Dr.
Smith’s recitation of the competing evidence and granular arguments regarding
causation only fortifies our decision.
Put simply, the evidence of record, including Dr. Sobel’s testimony
and report, permits a jury question on the remaining elements of negligence. We
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reiterate, “[t]ypically, duty is a question of law, while breach and injury are
questions of fact for the jury to decide.” Kendall, 537 S.W.3d at 331 (citation
omitted). Contrary to this admonition, however, the trial court determined that
“Plaintiff has failed to connect the dots . . . .” The court elaborated as follows:
The Court was presented with hundreds of pages
of medical records, deposition testimony, expert opinions
and a video depicting the events as they occurred on
January 16, 2013. However, neither party presented to
this Court clear, concise reasons as to why they would be
entitled to a summary judgment or why it should be
denied.
The court addressed additional concerns regarding proof of causation in particular.
We express no opinion about how causation or any other element of the Estate’s
case will ultimately be presented to the fact finder. We merely observe that the
Estate need not try its entire case before the court at summary judgment. In that
vein—and in a light most favorable to the Estate—it is also not the purview of this
Court to connect the dots. Yet, there are dots. As to their ultimate connection or
lack thereof, we leave that for the jury.
CONCLUSION
For the foregoing reasons, we AFFIRM the Oldham Circuit Court’s
summary judgments in part and REVERSE in part. We REMAND for further
proceedings consistent with our decision.
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ALL CONCUR.
BRIEF FOR APPELLANT: BRIEF FOR APPELLEES DANNY
PERRY, CLARK TAYLOR, ANNA
Christopher L. Rhoads VALENTINE, AND JEFF GEORGE:
Owensboro, Kentucky
Richard D. Lilly
Daniel Smolen, pro hoc vice Frankfort, Kentucky
Robert M. Blakemore, pro hoc vice
Bryon D. Helm, pro hoc vice BRIEF FOR APPELLEES
Tulsa, Oklahoma CORRECTCARE-INTEGRATED
HEALTH, INC. AND DONNA T.
SMITH, M.D.:
James M. Mooney
James L. Thomerson
Lexington, Kentucky
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