Kentucky appeals court throws out jury award of $900K for 3 KSP troopers in whistleblower case

LOUISVILLE, Ky. (WDRB) -- The state Court of Appeals threw out a jury verdict from 2020 that awarded three Kentucky State Police troopers $900,000 in a whistleblower lawsuit alleging they were retaliated against after reporting other troopers had stolen evidence from property rooms.

The appeals court overturned the verdict in a ruling released Friday, finding that the jury instructions in the case were "erroneous" because they did not indicate how each trooper was retaliated against.

"We direct the trial court to fashion jury instructions requiring a finding that KSP took or threatened to take action against each plaintiff," the court ruled, sending the case back to Franklin Circuit Court for a new trial.

Attorney Thomas Clay, who represents the plaintiffs, said they were "very disappointed with the decision" and will ask the court of appeals to reconsider. If that request is not granted, Clay said he will ask the Kentucky Supreme Court to review the case.

Clay contends an attorney for KSP indicated to the Franklin Circuit Court judge they had no objections to the instructions to the jury at the time of trial.

"It's been a long drawn out process and we're going to continue to fight until it's over," Clay said.

KSP argued it proposed jury instructions to the judge asking for a finding of retaliation against each plaintiff, according to the appeals court ruling.

"We are pleased with the court’s ruling and look forward to a retrial of the case," a spokesperson for KSP said.

The lawsuit, filed in December 2019, claims Sgts. Kevin Burton and Mike Garyantes and Lt. Frank Taylor told supervisors and a prosecutor that evidence was being taken from the Elizabethtown post property rooms and secure lots between July and November of that year for "personal gain" by two troopers.

The three plaintiffs, who were tasked with oversight of the property, claim there was a coverup of the theft and they were then retaliated against by KSP, according to the suit.

Burton resigned under threat of being transferred. Garyantes was suspended and Taylor was threatened with being transferred, the suit claimed. The men were "repeatedly threatened that they would have adverse employment actions taken against them if they continued to report the thefts and inappropriate acquisitions from the evidence room and impound lot," according to the suit.

The officers said they were treated like the bad guys for reporting the theft and eventually filed the lawsuit.

After several days of testimony, a jury awarded Burton $500,000 and Garyantes and Taylor each $200,000.

"From my experience, this was the worst whistleblower case I have ever seen because of the egregious conduct of the people at the upper levels of command and the Kentucky State Police and the actions they took against these three individuals who did nothing but do the right thing," Clay said at the time.

KSP claimed it investigated the allegations, notified the Commonwealth’s Attorney — who declined to prosecute — and disciplined one person with a suspension, according to the appeals court ruling. But the investigation showed all evidence was properly accounted for despite unintentional errors such as a form being filed under the wrong case number.

And KSP claimed there was no retaliation against anyone, but officials simply "called for quelling rumors, gossip, and unnecessary workplace drama during the investigation," according to the ruling.

This story may be updated.