DROGE v. REMPEL

No. 97,653.

180 P.3d 1094 (2008)

August R. DROGE, Appellant, v. Steven R. REMPEL, Appellee.

Court of Appeals of Kansas.

April 18, 2008.


Attorney(s) appearing for the Case

August R. Droge, appellant pro se.

Steve Phillips, assistant attorney general, and Paul J. Morrison, attorney general, for appellee.

Before McANANY, P.J., CAPLINGER and BUSER, JJ.


BUSER, J.

August R. Droge appeals the dismissal of his pro se petition for damages. Droge, an inmate in state custody, asserts that Steven R. Rempel, a complaining witness at Droge's criminal trial, testified in conflict with earlier statements Rempel made to the police. We conclude that Droge's civil cause of action is for perjury. Because there is no civil cause of action for perjury in Kansas, we affirm the district court's dismissal of Droge's petition.

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