WILSON v. CITY OF CHANUTE

No. Civ.A. 97-2496-GTV.

43 F.Supp.2d 1202 (1999)

Jack D. WILSON and Phyllis J. Wilson, Co-Administrators of the Estate of Kevin S. Wilson, Deceased, and Jack D. Wilson and Phyllis J. Wilson, In Their Own Behalf and On Behalf of the Heirs of Kevin S. Wilson, Plaintiffs, v. CITY OF CHANUTE, The Board of County Commissioners of The County of Neosho, John Rausch, Michael A. Benard, James R. Cotton, Sam Budreau, and Sheryl Beagley, All in Their Individual and Official Capacities, Defendants.

United States District Court, D. Kansas.

February 23, 1999.


Attorney(s) appearing for the Case

Scott E. Giffen, Mission, KS, for Jack D. Wilson and Phyllis J. Wilson.

David S. Brake, Henshall, Pennington & Brake, Chanute, KS, for City of Chanute, John Raush, Michael A. Benard, James R. Cotton and Sam Budreau.

Michael T. Jilka, Wendell F. Cowan, Jr., Shook, Hardy & Bacon L.L.P., Overland Park, KS, for Neosho County Bd. of County Com'rs. and Sheryl Beagley.


MEMORANDUM AND ORDER

VANBEBBER, Chief Judge.

Plaintiffs Jack and Phyllis Wilson bring this action arising out of the death of their son Kevin Wilson, who died of a drug overdose shortly after being released from the City of Chanute, Kansas, police custody on March 7, 1996. On behalf of their son, plaintiffs assert claims under the Fourth and Fourteenth Amendments, and under state law. The case is before the court on the following motions:

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