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PRAGER v. KANSAS DEPT. OF REVENUE

No. 83,714.

271 Kan. 1 (2001)

20 P.3d 39

DAVID PRAGER, III, Plaintiff/Appellant, v. STATE OF KANSAS, DEPARTMENT OF REVENUE; KARLA PIERCE, Secretary of the Kansas Department of Revenue, In Her Official Capacity; and JOHN D. LAFAVER, former Secretary of Kansas Department of Revenue, In His Personal Capacity, Defendants/Appellees.

Supreme Court of Kansas.

Opinion filed March 23, 2001.

Attorney(s) appearing for the Case

Alan V. Johnson, of Sloan, Listrom, Eisenbarth, Sloan & Glassman, L.L.C., of Topeka, argued the cause, and Louis F. Eisenbarth, of the same firm, was with him on the briefs for appellant.

Thomas V. Murray, of Barber, Emerson, Springer, Zinn & Murray, L.C., of Lawrence, argued the cause, Terence E. Leibold and Terrence J. Campbell, of the same firm, were with him on the brief for appellees.

The opinion of the court was delivered by

LARSON, J.:

Plaintiff appeals the trial court's dismissal for failure to state a claim on which relief can be granted of his suit seeking (1) declaratory and injunctive relief under 42 U.S.C. § 1983 (1994) for alleged violations of his rights of free speech and due process under the United States Constitution, (2) damages under the Kansas Tort Claims Act (KTCA), K.S.A. 75-6101 et seq., for (a) deprivation...

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