GRAGG v. McKUNE

No. 84,354

28 Kan. App.2d 256 (2000)

16 P.3d 311

JAMES A. GRAGG, Appellant, v. DAVID R. McKUNE, et al., Appellees.

Court of Appeals of Kansas.

Opinion filed December 8, 2000.


Attorney(s) appearing for the Case

Ronald Schneider, of Lawrence, for appellant.

Kenneth R. Smith, special assistant attorney general, for appellees.

Before GREEN, P.J., PIERRON, J., and RAWLEY JUDD DENT II, District Judge, assigned.


GREEN, J.:

James A. Gragg appeals from the trial court's order dismissing his claim under 42 U.S.C. § 1983 (Supp. 1998). On appeal, Gragg argues that his § 1983 claim (1) was not barred by an adequate state remedy and (2) was brought within the statute of limitations. We agree and reverse and remand for trial.

Gragg was incarcerated at the Lansing Correctional Facility in Leavenworth County, Kansas, by the Kansas Department of Corrections (KDOC)...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases