The Kentucky Court of Appeals has ruled that the state’s Justice and Public Safety Cabinet and state police can’t be held liable for the death of an informant killed after a drug buy went awry.
Judge Michelle Keller wrote for a divided court that while the discretion and judgment of the detectives in the 1996 case of LeBron Gaither was “tragically flawed,” their actions were protected by governmental immunity.
The decision upholds a ruling by Franklin Circuit Judge Thomas Wingate to overturn a $168,000 award to Gaither’s family.
Gaither died after a grand juror tipped off Jason Noel that he was serving as a police informant in Taylor County. Prosecutors said Noel took Gaither to Casey County, where he was tortured and killed.
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