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TAYLOR v. PHELAN

No. 92-3267.

9 F.3d 882 (1993)

Michael TAYLOR, parent and natural guardian, and surviving heir at law and co-administrator of the estate; Michael Andrew Taylor; Jessica Taylor, deceased; Brenda Taylor, as natural parent and guardian, and as surviving heir and co-administrator of the estate, Plaintiffs-Appellants, v. Paula PHELAN, an individual and a member of the Kansas City, Missouri, Police Department; Richard Berkely, Arthur D. Brookfield, II, Beverley Barker Nicks, John L. Williams, Michael B. Meade, Larry Joiner, individuals and members of the Kansas City, Missouri, Board of Police Commissioners; The Kansas City, Missouri, Board of Police Commissioners; Emanuel Cleaver, William Ray Price, Jr., Bailus M. Tate, Jacqueline L. Paul, John A. Dillingham, in their official capacities as members of the Kansas City, Missouri, Board of Police Commissioners, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

November 16, 1993.

Attorney(s) appearing for the Case

Henry E. Couchman, Jr. (Frank D. Menghini & Douglas M. Greenwald with him on the briefs), of McAnany, Van Cleave & Phillips, P.A., Kansas City, KS, for plaintiffs-appellants.

J. Emmett Logan of Morrison & Hecker, Kansas City, MO, for defendants-appellees.

Steve Twist, Kevin M. Cunningham and Richard E. Gardiner, Washington, DC, on the brief, for amicus curiae Nat. Rifle Association's Crimestrike.

Roy C. Kime, Alexandria, VA, on the brief, for amicus curiae Intern. Assn. of Chiefs of Police.

Before TACHA, GOODWIN, and BRORBY, Circuit Judges.

BRORBY, Circuit Judge.

We are asked to decide a question of Kansas law involving the special relationship exception to the rule that police owe no more than a general duty to protect society as a whole. The Taylor family appeals a grant of summary judgment in favor of defendants, Ms. Paula Phelan, a detective of the Kansas City, Missouri, Police Department, and the Kansas City, Missouri, Board of Police Commissioners (Board), finding defendants breached no legal duty...

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