ANDERSON v. McKUNE

No. 75,477

23 Kan. App.2d 803 (1997)

937 P.2d 16

DEREK ANDERSON, Appellee, v. DAVID R. McKUNE, Warden of Lansing Correctional Facility, Appellant.

Court of Appeals of Kansas.

Opinion filed April 18, 1997.


Attorney(s) appearing for the Case

Linden G. Appel, deputy chief counsel, of Kansas Department of Corrections, for the appellant.

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

Before LEWIS, P.J., KNUDSON, J. and JOHN J. BUKATY, JR., District Judge, assigned.


BUKATY, J.:

Derek Anderson, an inmate in the Lansing Correctional Facility, filed a petition for writ of habeas corpus in the district court pursuant to K.S.A. 60-1501. That petition challenged a disciplinary action taken by the Department of Corrections (DOC) against Anderson. After several hearings, the trial court reversed the DOC action and prohibited the warden, David McKune, from using a certain urine test in the future as a basis for disciplinary action unless...

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