Federal court rules that defendant who participated in case for 12 months could not contest personal service
Allen King and Bruce King, Administrators of the Estate of Roger King, sued Kentucky State Trooper, Eric Taylor, arguing that he violated the Constitution when he fatally shot King during the service of a protective order. Taylor alleged lack of personal service in his Answer, but then actively participated in the defense of the case for more than a year. After he lost a motion to summarily dismiss the case on substantive grounds, (and most likely after the statute of limitations had run) Taylor sought to dismiss the case for lack of personal jurisdiction. The Sixth Circuit reversed the trial court and reinstated the lawsuit, pointing out that a litigant is estopped or precluded from taking an active role in a case and then later arguing lack of personal service and jursidiction. In essence, the Defendant "waived" his right to require personal service by his knowing and voluntary participation in defending the claim before the court.