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BEAVER v. CHAFFEE

No. 49,116

2 Kan. App. 2d 364 (1978)

579 P.2d 1217

WINSLOW BEAVER and KENNETH E. GOODMAN, Individually and on behalf of all others similarly situated, Appellants, v. F.T. (JIM) CHAFFEE, Sheriff of Shawnee County, Kansas, and ROLAND G. HUG, ROBERT D. WELLSHEAR, and MARY L. BOGART, Commissioners of Shawnee County, Kansas, and ROBERT R. RAINES, Secretary of Corrections, State of Kansas, Appellees.

Court of Appeals of Kansas.

Opinion filed June 9, 1978.

Attorney(s) appearing for the Case

Thomas M. Blumenthal, of Legal Aid Society of Topeka, for the appellants.

Joseph W. Zima, of Topeka, for the appellee F.T. (Jim) Chaffee; Frank L. Johnson and Donna Voth, of Topeka, for the commissioners of Shawnee county, appellees; and Curt T. Schneider, attorney general, and Roger M. Theis, assistant attorney general, for the appellee Robert L. Raines.

Before FOTH, C.J., SPENCER, and SWINEHART, JJ.

FOTH, C.J.:

This is a class action on behalf of inmates of the Shawnee county jail challenging the conditions of their confinement. Defendants are the sheriff and commissioners of Shawnee county, who are directly charged by statute with operating and maintaining the jail, and the state secretary of corrections, who has certain jurisdiction over sanitary and safety conditions in all jails under K.S.A. 75-5228. The trial court dismissed the action for lack of jurisdiction...

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