Swincher v. Fay Servicing, LLC
U.S. District Court, Western District of Kentucky · W.D. Ky. · Kentucky bar guidance
Conduct
Pro se plaintiff suing mortgage servicer Fay Servicing cited 1 fabricated case-law authority in briefing.
Consequence
Court flagged the fabrication and addressed the conduct on the record; full disposition not extracted.
Lesson
W.D. Ky. now appears in the AI-hallucination case roll; Stivers chambers handles via standard sanctions framework.
Verified May 14, 2026
- Citation
- Swincher v. Fay Servicing, LLC (W.D. Ky. Nov. 10, 2025) (Stivers, C.J.)
- Decided
- November 10, 2025
Summary
Kevin L. Swincher and other plaintiffs, proceeding pro se, brought an action against Fay Servicing, LLC. After review of plaintiff's filings, the court issued a November 10, 2025 order before Chief Judge Greg N. Stivers addressing one fabricated case-law citation in the briefing. The Charlotin tracker classifies the matter as a pro se litigant with implied AI use producing one fabricated case-law citation.
- AI tool:
- Generative AI implied; the order references a fabricated case-law citation characteristic of AI hallucination output
What sanction did the court impose?
The Charlotin tracker records the form of disposition. The order flags the fabricated citation and addresses it on the record; specific monetary or procedural relief is not extracted by line item on the available aggregator metadata.
Why does Swincher v. Fay Servicing, LLC matter for law firms using AI?
Swincher v. Fay Servicing, LLC is the first surfaced Western District of Kentucky AI-hallucination order on the Charlotin tracker. The November 10, 2025 order from Chief Judge Greg N. Stivers addresses one fabricated case-law citation in pro se filings. The matter sits alongside the United States v. Czartorski W.D. Ky. order (also Nov. 10, 2025; lawyer ChatGPT use; three fabricated cases): the same district, the same date, but different judge and different conduct profile (lawyer versus pro se). Researchers tracking W.D. Ky. AI orders should pull both orders in tandem to compare the Stivers and the Czartorski-presiding-judge approach.
Implications for your firm
Operational steps a firm reading this case may wish to consider documenting. Strategic and rule-application calls belong to your firm's attorneys.
- When opposing pro se mortgage servicing claims in W.D. Ky., screen each cited authority for AI-fabrication patterns; the Swincher matter is the first surfaced W.D. Ky. AI-citation order on the Charlotin tracker.
- Track Chief Judge Stivers's emerging chambers practice on AI-hallucinated citations; the November 2025 order is a baseline reference for what response counsel can expect from the W.D. Ky. bench.
Sources
Primary sources
Further reading
- Whether the Stivers chambers issues a standing order on AI use comparable to the W.D.N.C. Bell standing order was not verified for this entry.