8 Easy Facts About 04-4083 - Vaughn vEnsley et al - Content Details Shown

8 Easy Facts About 04-4083 - Vaughn vEnsley et al - Content Details Shown
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The Estate likewise declared negligence versus Ted Ensley, Marice Kane, and Victor Miller, Shawnee County Commissioners, for failing to supply properly trained personnel and procedures and to correctly secure and supervise Vaughn. In its last claim, the Estate alleged the Shawnee County Commissioners were responsible under master/servant vicarious liability for the negligent conduct of their employees.



On Might 25, 2006, the DOC filed a motion for summary judgment. In July 2006, the Estate submitted its reaction in opposition to the movement for summary judgment. Nevertheless, on January 15, 2008, the district court issued a stay in the Estate's case pending the appeal of a similar Shawnee County prisoner suicide case in Thomas v.


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208, 262 P. 3d 336 (2011 ). After  Full Article  chose Thomas on September 23, 2011, the district court restored the Estate's case. The district court gave the DOC's movement to change its response to consist of the affirmative defense of res judicata based upon Kansas cases chose throughout the pending stay, particularly Thomas, 293 Kan.


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Dickson, 290 Kan. 92, 223 P. 3d 786 (2010 ), and Estate of Belden v. Brown County, 46 Kan. App. 2d247, 261 P. 3d 943 (2011 ). After thinking about the motions and actions for summary judgment, the district court granted summary judgment to the DOC. The court concluded that all of the Estate's claims, except against Rhone, were disallowed by res judicata based upon the judgment approved to the DOC in the federal case.


The Estate appeals. Our general standard of review for summary judgment is popular and frequently specified: "Summary judgment is appropriate when the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law.


When opposing a movement for summary judgment, an adverse celebration needs to come forward with evidence to develop a disagreement regarding a product truth. In order to preclude summary judgment, the facts subject to the conflict must be material to the conclusive concerns in the case. On appeal, we apply the very same rules [,] and where we find sensible minds might differ as to the conclusions drawn from the proof, summary judgment must be denied.