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HOPKINS v. STATE

No. 57,437

237 Kan. 601 (1985)

702 P.2d 311

TERRY HOPKINS, CHRIS HOPKINS, RICHIE HOPKINS, By and through his Guardian and Next of Friend, TERRY HOPKINS, and JASON HOPKINS, by and through his Guardian and Next of Friend, TERRY HOPKINS, Appellants, v. STATE OF KANSAS, KANSAS HIGHWAY PATROL, SALINA POLICE DEPARTMENT, CITY OF SALINA, JOHN WOODY, SALINE COUNTY SHERIFF'S DEPARTMENT and SALINE COUNTY, Appellees.

Supreme Court of Kansas.

Opinion filed July 2, 1985.

Attorney(s) appearing for the Case

Steven M. Dickson, of Topeka, argued the cause and Judy A. Pope, of McCullough, Wareheim & LaBunker, of Topeka, was on the brief for appellants.

George F. Farrell, Jr., of Benfer and Farrell, of Topeka, argued the cause and J. Stan Sexton, of Salina, was with him on the brief for appellees Saline County and the Saline County Sheriff's Department.

James P. Mize, of Salina, argued the cause for the appellee City of Salina.

Wm. Scott Hesse, assistant attorney general, argued the cause, and Robert T. Stephan, attorney general, and Dan Biles, assistant attorney general, were on the brief for appellee Kansas Highway Patrol.

The opinion of the court was delivered by

LOCKETT, J.:

Plaintiffs filed a civil action alleging negligence on the part of the defendant law enforcement officers and various governmental entities for damages resulting from the apprehension of an intruder who had occupied the plaintiffs' mobile home. After dismissing several defendants from the lawsuit, the district court granted the remaining defendants' motion for summary judgment.

On July 29, 1981...

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