The Kansas Supreme Court released the following published decision October 11:
Appeal No. 116,883: JoeAnn Williams, et al. v. C-U-Out Bail Bonds LLC, et al.
Summary calendar; no oral argument
Williams and others present in her home sued C-U-Out Bail Bonds LLC and the City of Overland Park after agents of C-U-Out forced their way into Williams' private home looking for an individual they were seeking. The plaintiffs' suit against Overland Park, in particular, was based on allegations police officers who responded to Williams' 911 call had a duty to investigate and intervene once they arrived on the scene and spoke to C-U-Out's agents but not Williams. A Johnson County District Court judge dismissed Overland Park as a defendant, ruling the plaintiffs failed to state a valid cause of action. On appeal, a Court of Appeals panel affirmed the dismissal. On review, the Supreme Court reversed the Court of Appeals decision and reversed the district court's dismissal of Overland Park as a defendant. The court concluded the plaintiffs' petition in district court alleged sufficient facts to support potential intentional illegal conduct on the part of the bail bondsmen, a police undertaking of a duty to investigate owed to the plaintiffs individually, and no immunity for Overland Park under the Kansas Tort Claims Act.
Kansas Court of Appeals decisions released