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MONROE v. DARR

No. 47,221

214 Kan. 426 (1974)

520 P.2d 1197

JAMES DAVID MONROE and CHRIS APPEL, Appellants, v. JOHNNY DARR, Sheriff of Sedgwick County, Kansas, and OHIO CASUALTY INSURANCE COMPANY OF HAMILTON, OHIO, Appellees.

Supreme Court of Kansas.

Opinion filed April 6, 1974.

Attorney(s) appearing for the Case

Jim Lawing, of Wichita, argued the cause and was on the brief for the appellants.

H.E. Jones, of Hershberger, Patterson and Jones, of Wichita, argued the cause, and Stephan Jones of the same firm and H.W. Fanning, of Kahrs, Nelson, Fanning, Hite and Kellogg, of Wichita, were with him on the brief for the appellees.

The opinion of the court was delivered by

HARMAN, C.:

This is an action against a sheriff and his surety for damages for invasion of privacy and assault committed by the sheriff's deputies. The trial court sustained defendants' motions to dismiss for failure of the petition to state a claim upon which relief can be granted. Plaintiffs have appealed from that order.

After alleging that defendant Johnny Darr...

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