HARTE v. BD. OF COM'RS OF COUNTY OF JOHNSON, KS

No. 16-3014.

864 F.3d 1154 (2017)

Adlynn K. HARTE; Robert W. Harte; J.H., a minor, by and through his parents and next friends, Adlynn K. Harte and Robert W. Harte; L.H., a minor, by and through her parents and next friends, Adlynn K. Harte and Robert W. Harte, Plaintiffs-Appellants, v. The BOARD OF COMMISSIONERS OF the COUNTY OF JOHNSON, KANSAS; Frank Denning, Sheriff, in his official and individual capacity; Mark Burns, deputy, in his individual capacity; Edward Blake, deputy, in his individual capacity; Michael Pfannenstiel, deputy, in his individual capacity; James Cossairt, deputy, in his individual capacity; Larry Shoop, deputy, in his individual capacity; Lucky Smith, deputy, in his individual capacity; Christopher Farkes, deputy, in his individual capacity; Thomas Reddin, lieutenant, in his individual capacity; Tyson Kilbey, deputy, in his individual capacity; Laura Vrabac, deputy, in his individual capacity; Jim Wingo, sergeant, Missouri Highway Patrol, in his individual capacity, Defendants-Appellees, and Nate Denton, deputy, in his individual capacity, Defendant. Cato Institute; Marijuana Policy Project, Amici Curiae.

United States Court of Appeals, Tenth Circuit.

FILED July 25, 2017.


Attorney(s) appearing for the Case

Robert M. Bernstein , Bancroft PLLC, Washington, D.C. ( Jeffrey M. Harris , Bancroft PLLC, Washington, D.C., Cheryl A. Pilate and Melanie S. Morgan , Morgan Pilate LLC, Kansas City, Missouri, with him on the briefs), for Plaintiff-Appellants.

Lawrence L. Ferree, III ( Kirk T. Ridgway and Brett T. Runyon , with him on the brief), Ferree, Bunn, Rundberg & Ridgway, Chtd., Overland Park, Kansas, for Johnson County Defendants-Appellees.

Chris Koster , Attorney General, and Jeremiah Morgan , Deputy Solicitor General, Jefferson City, Missouri, on the brief for Sgt. James Wingo, Defendant-Appellee.

Ilya Shapiro and Randal J. Meyer , Cato Institute, Washington, D.C., filed an amicus curiae brief for Cato Institute.

Kate M. Bell , Marijuana Policy Project, Washington, D.C., and Tejinder Singh , Goldstein & Russell, P.C., Bethesda, Maryland, filed an amicus curiae brief for the Marijuana Policy Project.

Before LUCERO, PHILLIPS, and MORITZ, Circuit Judges.


In this appeal, we affirm in part and reverse in part the district court's grant of summary judgment in favor of the defendants. Although the panel members write separately, each issue has been resolved by a minimum two-judge majority. The disposition of the claims is as follows: We AFFIRM the district court's grant of summary...

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