Kansas Supreme Court to hear case involving Mission police officers on Sept. docket
TOPEKA, Kan. (WIBW) - The Kansas Supreme Court will hear a case involving Mission police officers, among others, on its September 14-18 docket.
The Kansas Supreme Court says it will hear a case involving actions of Mission police officers, among others, on its Sept. 14-18 docket. It said all cases will be heard via videoconference and will be livestreamed on the Supreme Court YouTube channel.
The Court said it will hear Appeal No. 117,034: Mark T. Schreiner v. Chad S. Hodge and Danny Smith, which is a Jonson County petition for review. It said this is a lawsuit for damages filed by Schreiner involving the actions of two Mission police officers. It said Hodge was investigating a resident’s complaint about a strange truck parked near her home and Smith, a supervising sergeant, was called to the scene at Schreiner’s request. It said the district court granted summary judgment to the officers, which ruled the officers had good reason to investigate and the 25-minute encounter was reasonable under the circumstance. It said the district court also held the officers were immune to Schreiner’s claims for damages which the Court of Appeals affirmed. It said issues on review for the case are whether the district court erred in granting summary judgment and finding the officers had reasonable suspicion to stop and temporarily detain Schreiner, and in finding the officers were immune from Schreiner’s claims for damages. It said the case will be heard at 9 a.m. on Thursday, Sept. 17.
According to the Court, also on Thursday, Sept. 17, it will hear Appeal No. 117,725: Howard Johnson III v. U.S. Food Service et al. at 11 a.m. It said the U.S. Food Service is looking for a review on the Court of Appeals, finding the Kansas Legislature’s adoption of the Sixth Edition of the American Medical Association Guides to the Evaluation of Permanent Impairment to replace the Fourth Edition of the same violates Section 18 of the Kansas Constitution Bill of Rights and the Due Process Clause of the 14th Amendment to the U.S. Constitution. The Court said the Court of Appeals struck down various Kansas statutes referencing the Sixth Edition because the adoption of the provision has “emasculated” the worker’s compensation scheme to the point it is no longer an adequate substitute remedy for an injured worker’s right to bring a common-law action. It said both U.S. Food and the Kansas Attorney General filed petitions for review on the case. The Court said the issues at hand are whether the change in K.S.A. 2015 Supp. 44-501e, requiring the use of the Sixth Edition, violates Section 18 of the Kansas Constitution Bill of Rights and the Due Process Clause of the 14th Amendment to the U.S. Constitution; and the reduction in the worker’s compensation awards diminishes a remedy protected by due process without promoting the general welfare and without providing an adequate substitute remedy.
The Court said it will hear Appeal No. 118,307: In the Matter of the Estate of Lanny Lentz, on Friday, Sept. 18 at 9 a.m. It said this Shawnee County case is a petition for review in which Lentz' three adult daughters were heirs to his estate, including several real properties, four of which are at issue. It said the district court distributed two of the properties to Diann Wyatt and the other two properties to Lana Kennedy and Marilyn Lentz as joint tenants in common. It said Wyatt appealed the district court’s valuation of the four properties and the Court of Appeals decided Wyatt’s appeal was not filed in a timely fashion and dismissed the appeal for lack of jurisdiction. It said the Court of Appeals also held even if it reached the merits of Wyatt’s issues on appeal, it found she did not properly raise them before the district court and they were not properly preserved for appellate review. It said the issues on review for this case are whether Wyatt timely appealed the district court’s decision on valuation, Wyatt properly preserved the issues for appellate review and the district court made a proper determination of the valuation of the properties.
The Court said the last case on its Sept. 14-18 docket is Appeal No. 121,536: In the Interest of F.C., a Minor Child, a Leavenworth County petition for review. It said the natural mother appealed a decision of the district court that F.C., her 13-year-old daughter, was a child in need of care. It said she argued abuse of discretion occurred in the district court’s determination and a lack of evidence existed at the time fo the adjudication to support a finding of a child in need of care. It said the natural mother also argued she was not offered a feasible reintegration plan at the time of disposition. It said the Court of Appeals agreed with the natural mother and held on review of the evidence in the light most favorable to the State, the district court’s adjudication of F.C. as a child in need o care was not supported by clear and convincing evidence. It said the Court of Appeals reversed and remanded with directions to dismiss the proceeding and restore legal custody to the natural mother and give her physical custody of F.C. It said the State filed a petition for review. It said the issues at hand are whether there is sufficient evidence to support the district court’s finding of a child in need of care, and the Court of Appeals erred in overturning the district court’s decision.
Copyright 2020 WIBW. All rights reserved.