This document provides a resume for D. Brent Irvin, including his education, legal experience, cases handled, references, and additional information. It summarizes that he has over 30 years of experience as an attorney for the state of Kentucky, currently serving as Deputy General Counsel for the Kentucky Cabinet for Health and Family Services. It also lists his education, bar admissions, professional affiliations, legal experience representing various state agencies, and involvement in over 100 reported cases at the state and federal levels.

1. D. Brent Irvin
6019 Secretariat Circle
Versailles, Kentucky
Home: (859) 873-5393
Work: 502-564-7905
EDUCATION University of Kentucky College of Law (J.D. 1983)
Missouri State University (B.S., cum laude, 1980) (business)
ADMITTED
TO THE BAR Admitted before the Kentucky Court of Justice, the U.S. Supreme Court,
the United States Court of Appeals for the Sixth Circuit, and the United
States District Courts in the Eastern and Western Districts of Kentucky
MEMBER Federal Bar Association, State Government Bar Association (former
President)
OBJECTIVE To provide zealous legal representation for agency client and citizens of
Kentucky. My greatest satisfaction is mentoring and assisting agency
lawyers I supervise to achieve professional and personal success; and
advocate for just and fair results in litigation or negotiations.
LEGAL EXPERIENCE
2008 to Present Deputy General Counsel (working title), Kentucky Cabinet for Health
& Family Services. CHFS is one of Kentucky’s largest state agencies with
approximately 7,000 employees and offices located in all 120 counties.
Major Cabinet divisions include the Health Benefits Exchange,
Department for Aging and Independent Living, Department for Income
Support, Department for Public health, Department for Behavioral Health
and Development Disabilities, Department for Community Based Services
(social services), Department for Medicaid Services, and the Commission
for Children with Special Healthcare Needs. See http://www.chfs.ky.gov.
The Office of Legal Services provides support and defends all these
departments. OLS is led by a general counsel, and during most of my
tenure, CHFS has had two deputy general counsels who supervise central
office and regional attorneys. I mostly supervised central office attorneys,
who handled complicated health care cases, Medicaid benefit and provider
appeals, contract disputes, defense of tort claims and federal civil rights
claims, personnel board appeals, employment discrimination cases,
whistle-blower cases and other types of administrative appeals.
In addition, I also maintained an active case load in state and federal court.
I have special expertise defending state agencies and agency employees
named in their official or individual capacities in court and administrative

2. tribunals. During my tenure staff attorneys I supervise have won significant
jury and nonjury trials in whistleblower, employment discrimination and
contract dispute cases. I was awarded a certificate of excellence in 2015 by
the Commissioner of the Department for Community Based Services, an
award usually limited to DCBS employees.
1990 to 2008 Assistant Kentucky Attorney General. Merit and non-merit positions;
extensive federal and state court litigation experience; and administrative
law experience representing boards and agencies, writing attorney general
opinions, and serving as a hearing officer. Areas of practice included
defense of federal civil rights actions, Title VII, and common-law tort
actions, open records & open meetings cases, defense of constitutional
challenges and extensive State Personnel Board and Board of Claim
defenses for the OAG and outside agencies. In addition, I was assigned as
the staff attorney for the Kentucky Board of Architects, the old Harness
Racing Commission, the State Board of Dentistry and the Kentucky Horse
Park. I was awarded a certificate of appreciation by the Prosecutors
Advisory Council for my work defending state prosecutors in 2008.
1988 to 1990 Bulleit, Kincaid, Irvin & Reinhardt, Nicholasville, Ky.
Associate attorney in Nicholasville branch of former Lexington firm.
General trial practice where I practiced law with retired U.S. District Court.
Judge B.T. Moynahan Jr.
1984 to 1988 Combs & Combs, Prestonsburg, Ky.
Associate attorney for small firm specializing in mineral law, banking,
eminent domain for natural gas pipelines and collections.
CASES I estimate I have been lead or co-counsel in at least one hundred state and
federal cases or administrative appeals during my time in state
government. Reported decisions include: Council on Dev. Disabilities v.
Cabinet for Health and Family Services, (Ky. Sup. Ct) (Sept. 2015) (open
records statutory construction case); Hamblen v. CHFS, 322 S.W.3d
511(Ky. App.2010) (defense of state mental hospital on tort claim);
Kentucky Press Ass'n, Inc. v. Kentucky, 454 F.3d 505 (6th Cir. 2006)
(successful defense of challenge to closed juvenile courts); Green v. Hill,
80 F.3d 1101 (6th Cir. 1996) (successful defense of § 1983 action against
prosecutor reversing trial court); Dixon v. Clem, 492 F.3d 665 (6th Cir.
2007) (successful defense of constitutional claim against hearing officer);
Kentucky Dept. of Educ. v. Risner, 913 S.W.2d 327 (Ky.1996) (successful
defense of nepotism law); Gragg v. Somerset Tech. College, 373 F.3d 763
(6th Cir. 2003) (successful defense of First Amendment retaliation
employment claim); N.E. v. Hedges, 391 F.3d 832 (6th Cir. 2004)
(successful defense of challenge to child support statutes by law
professor); Forgy v. Stumbo, 378 F.Supp.2d 774 (E.D Ky. 2005)
(successful defense to First Amendment challenge to state merit laws
dismissed for lack of standing); Com. v. Pendennis Club., 153 S.W.3d 784

3. (Ky. 2004) (successful statutory construction case upholding power of
KCHR to investigate private clubs);Williams v. Kentucky Dept. of Educ.,
113 S.W.3d 145 (Ky. 2003) (Board of Claims case, later successfully
mediated with no cost to agency); Board of Trustees of Judicial Form
Retirement System v. 132 S.W.3d 770 (Ky. 2003) (statutory construction of
pension law); Barton v. Summers, 293 F.3d 944 (6th Cir. 2002) (successful
defense of claim by class action Medicaid recipients to tobacco settlement
funds); Angel v. Kentucky, 314 F.3d 262 (6th Cir. 2002) (Eleventh
Amendment defense to ADA class action); Eubanks v. Stengel, 28
F.Supp.2d 1024 (W.D. Ky.1998) (unsuccessful defense of partial birth
abortion statute); Wood v. Com. ex rel. Grayson, 2005 WL 1258921 (Ky.
Cir. Ct. 2005) (successful defense of Marriage Const. Amendment). I have
had countless more summary judgment victories that were not appealed.
REFERENCES Bruce Linder, former Deputy Commissioner Dept. of Community Based
Services, CHFS. (502) 425-5000.
Carey Harvey, U.S. Attorney for the Eastern District of Kentucky, former
General Counsel, Cabinet for Health and Family Services. (270) 559-0035.
Christina Heavrin, current General Counsel CHFS and legal advisor to
former Louisville Mayor Jerry Abramson. (502) 500-8777.
Sheryl Snyder, one of Kentucky’s foremost appellate advocates. I have
litigated as co-counsel or represented state co-defendants with Mr. Snyder.
(502) 568-0247
Scott White, currently in private practice in Lexington. Former Civil
Litigation Division Director, Office of the Kentucky Attorney General during
tenure of former Attorney General Ben Chandler. (859) 552-8020.
CIVIC Boy Scouts of America, Assistant Scoutmaster Troop 14, Versailles,
Kentucky (BSA Wood badge adult leadership course) and Eagle Scout.
Woodford Educational Endowment Fund (WEEF)
former volunteer for education advocacy group, Versailles, Kentucky
Former Charter Member, Prestonsburg Rotary Club
Former volunteer tutor for adult literacy program
Floyd County, Kentucky
HOBBIES Photography, backpacking, hiking and reading especially about history
FAMILY Married 27 years with two adult children both now in college