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PER CURIAM. Robert R. Laing, Jr., of Kansas City, for appellants. Full Article . Brzon and Richard V. Eckert, of Workplace of the Shawnee County Counselor, of Topeka, for appellees. Prior To MALONE, C.J., PIERRON and STANDRIDGE, JJ. MEMORANDUM OPINION PER CURIAM. William Harrison Vaughn, Jr., dedicated suicide while jailed at the Shawnee County Department of Corrections.
Vaughn, as survivor and the administrator of Vaughn's estate, and also K.L.A., Vaughn's survivor, (jointly Estate), filed suit in Kansas federal district court versus the County and likewise the guards/staff (collectively the DOC). In federal court, the Estate raised violations of Vaughn's rights under the Eighth and Fourteenth Modifications to the United States Constitution under 42 U.S.
1983 (2000) and also neglect claims under Kansas law. The federal court gave summary judgment to all the accuseds other than Donavin Rhone on the federal constitutional claims. See Vaughn v. County Com'rs of Shawnee County, Kan., No. 044083JAR 2005 WL 3087842 (D.Kan. 2005) (unpublished opinion). The Estate had actually submitted a different case in federal court versus Rhone and that case was dismissed without prejudice.
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The Estate filed the Kansas neglect claims against the DOC in the district court. The court gave summary judgment to the DOC finding all claims were disallowed by res judicata based on the judgment granted in the federal case. Regarding Rhone, the court held the Rhone owed no responsibility to Vaughn because Rhone did not know or have any reason to understand that Vaughn was likely to do harm to himself.
For circumstances, in Ruebke v. World Communications Corp., 241 Kan. 595, 738 P. 2d 1246 (1987 ), the plaintiff's response to a movement for summary judgment contained only basic referrals to the entire trial records. The court maintained the high court's judgment that the opposing party was deemed to have actually confessed the uncontroverted facts, saying that the guideline vests discretion on the trial judge "whose sound discretion will not be disrupted on appeal without a clear showing of abuse.
One who asserts the court has actually abused its discretion bears the concern of showing such abuse of discretion."241 Kan. at 604. Here, the district court that discovered all however 3 of the DOC's realities listed in its summary judgment movement were uncontroverted by the Estate and