Thomas v. Bd. of County Comm'rs
Annotate this CaseAnthony Stapleton committed suicide while he was incarcerated in the Shawnee County Adult Detention Center. Plaintiffs, including the administratrix of Stapleton's estate, filed suit against Defendants, Shawnee County, a detention center guard, and an assistant shift supervisor at the detention center, alleging negligence. The district court granted summary judgment in favor of Defendants, holding (1) there was no genuine issue of material fact as to whether Defendants breached a duty of care, and (2) even if Defendants breached their duty of care, they were immune from suit under the Kansas Tort Claims Act (KTCA). The court of appeals reversed in part and affirmed in part, holding (1) the guard and shift supervisor were not entitled to summary judgment, and (2) Defendants were not entitled to KTCA immunity. The Supreme Court affirmed, holding (1) Defendants were not entitled to summary judgment as (i) the guard and supervisor owed a duty of reasonable care to Stapleton and breached that duty, and (ii) the County was alleged to be vicariously liable for the guard's and supervisor's negligence; and (2) the discretionary function under KTCA was not applicable to immunize Defendants from liability for negligence in this lawsuit.
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