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GILMORE v. McKUNE

No. 76,542.

23 Kan. App.2d 1029 (1997)

940 P.2d 78

LAFE GILMORE, Appellee, v. DAVID R. McKUNE, TERRY NICODEMUS, STATE OF KANSAS, and KANSAS DEPARTMENT OF CORRECTIONS, Appellants.

Court of Appeals of Kansas.

Opinion filed May 30, 1997.

Attorney(s) appearing for the Case

Jeff Cowger, special assistant attorney general, Lansing Correctional Facility, for appellants.

Charles J. Cavenee, of Legal Service for Prisoners, Inc., of Lansing, for appellee.

Before GERNON, P.J., LEWIS, J., and VICKERS, S.J.

GERNON, J.:

This is an appeal by David McKune and other officials of the Lansing Correctional Facility (LCF) from an order granting part of Lafe Gilmore's petition for writ of habeas corpus in which he challenged his placement in a newly created classification/status.

The district court ruled that the policy memorandum which created and defined an "unassigned for cause" status was invalid because the filing and...

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