Kordenbrock v. Kentucky Department of Corrections, 041318 KYCA, 2017-CA-000059-MR

Docket Nº:2017-CA-000059-MR
Opinion Judge:LAMBERT, D., JUDGE
Party Name:PAUL KORDENBROCK APPELLANT v. KENTUCKY DEPARTMENT OF CORRECTIONS; RICHARD OLIVER, FORMER PLANT MANAGER; DARRIN COLLIER, PLANT MANAGER; PHILLIP W. PARKER, FORMER WARDEN; RANDY WHITE, WARDEN; SKYLA GRIEF, FORMER GRIEVANCE COORDINATOR; SHAE HOLLIMAN, GRIEVANCE COMMITTEE CHAIRPERSON; MICHAEL SPINDLER, GRIEVANCE COMMITTEE MEMBER; CARSON FENTRESS, GR...
Attorney:BRIEF FOR APPELLANT PAUL KORDENBROCK, PRO SE BRIEF FOR APPELLEES BRENN O. COMBS
Judge Panel:BEFORE: COMBS, JOHNSON, AND D. LAMBERT, JUDGES.
Case Date:April 13, 2018
Court:Court of Appeals of Kentucky
 
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PAUL KORDENBROCK APPELLANT

v.

KENTUCKY DEPARTMENT OF CORRECTIONS; RICHARD OLIVER, FORMER PLANT MANAGER; DARRIN COLLIER, PLANT MANAGER; PHILLIP W. PARKER, FORMER WARDEN; RANDY WHITE, WARDEN; SKYLA GRIEF, FORMER GRIEVANCE COORDINATOR; SHAE HOLLIMAN, GRIEVANCE COMMITTEE CHAIRPERSON; MICHAEL SPINDLER, GRIEVANCE COMMITTEE MEMBER; CARSON FENTRESS, GRIEVANCE COMMITTEE MEMBER; LADONNA THOMPSON, FORMER COMMISSIONER, DEPARTMENT OF CORRECTIONS; RODNEY BALLARD, COMMISSIONER, DEPARTMENT OF CORRECTIONS; JAMES L. ERWIN, DEPUTY COMMISSIONER, DEPARTMENT OF CORRECTIONS APPELLEES

No. 2017-CA-000059-MR

Court of Appeals of Kentucky

April 13, 2018

          APPEAL FROM LYON CIRCUIT COURT HONORABLE CLARENCE WOODALL, JUDGE ACTION NO. 14-CI-00017

          BRIEF FOR APPELLANT PAUL KORDENBROCK, PRO SE

          BRIEF FOR APPELLEES BRENN O. COMBS

          BEFORE: COMBS, JOHNSON, AND D. LAMBERT, JUDGES.

          OPINION

          LAMBERT, D., JUDGE

         Acting pro se, Paul Kordenbrock, an inmate of the Kentucky State Penitentiary (KSP), appeals from a Lyon Circuit Court order dismissing his declaration of rights petition. Kordenbrock sought to void certain internal memoranda issued by the Kentucky Department of Corrections (KDOC). According to Kordenbrock, the memoranda, which addressed inmate pay raises, violated Kentucky Revised Statutes (KRS) 13A.130 as well as his constitutional due process rights. After review, we affirm.

         I. BACKGROUND

         This is the second time Kordenbrock has appealed this matter. The underlying facts are set forth in Kordenbrock v. Oliver, 2014-CA-000729-MR, 2016 WL 197120 (Ky. App. Jan. 15, 2016). Essentially, Kordenbrock is a KSP prisoner who works in the prison garment factory. His starting pay rate was $0.45 per hour, but over time he evidently felt entitled to more. He filed an institutional grievance wherein he claimed that he was owed four quarterly pay raises at $0.10 each. This grievance was dismissed because the KDOC had issued official memoranda freezing pay raises. One memorandum was issued by Warden Philip Parker and froze all pay raises above $0.45 per hour. A later memorandum, addressed to all "KCI Inmate Employees" and signed from James Erwin, Deputy Commissioner of the KDOC, echoed the memorandum from Warden Parker and applied to...

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