MILLER v. CITY OF OVERLAND PARK

No. 53,763

231 Kan. 557 (1982)

646 P.2d 1114

MICHAEL LEE MILLER, Appellant, v. THE CITY OF OVERLAND PARK, KANSAS, THE CITY OF KANSAS CITY, KANSAS, DENIS PLUMLY, AND OFFICER ROBINSON, Appellees.

Supreme Court of Kansas.

Opinion filed June 11, 1982.


Attorney(s) appearing for the Case

Douglas J. Walker, Jr., of David R. Gilman & Associates, of Overland Park, was on the brief for appellant.

Neil R. Shortlidge, first assistant city attorney, argued the cause for City of Overland Park and Denis Plumly, appellees; Kathryn Pruessner Peters, assistant city attorney, argued the cause for City of Kansas City and T.J. Robinson, appellees; and James L. Robinson, assistant city attorney, of Overland Park, and Robert E. Pinnell, of Blackwell, Sanders, Matheny, Weary & Lombardi, of Kansas City, Missouri, were with them on the brief.


The opinion of the court was delivered by

HOLMES, J.:

This is an appeal by the plaintiff, Michael Lee Miller, from the dismissal of all of his alleged causes of action in what is essentially a false arrest action. The facts are not in dispute.

On June 14, 1979, plaintiff was arrested for running a stop sign in the City of Overland Park. The arresting officer, defendant Denis Plumly, requested a computer check and was advised there was an outstanding...

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