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QUIDACHAY v. DEPARTMENT OF CORRECTIONS

No. 112,038.

345 P.3d 290 (2015)

Margaret M. QUIDACHAY, Appellee, v. DEPARTMENT OF CORRECTIONS, State of Kansas, El Dorado Correctional Facility; State of Kansas; and Ray Roberts, in his Individual and Official Capacities, Defendants, and James Heimgartner, in his Individual Capacity; and Debbie Bratton, in her Individual Capacity, Appellants.

Court of Appeals of Kansas.

March 13, 2015.

Attorney(s) appearing for the Case

Gaye B. Tibbets , of Hite, Fanning & Honeyman LLP, of Wichita, for appellants James Heimgartner and Debbie Bratton.

Donald N. Peterson, II , and Sean M. McGivern , of Withers, Gough, Pike, Pfaff & Peterson, LLC, of Wichita, for appellee.

Before BRUNS, P.J., BUSER and POWELL, JJ.

This is an interlocutory appeal following the district court's denial of a motion to dismiss a 42 U.S.C. § 1983 (2012) claim filed by a former state employee against two other state employees in their individual capacities. In August 2013, Margaret M. Quidachay sued James Heimgartner — the warden at the El Dorado Correctional...

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