Williams v. C-U-Out Bail Bonds, LLC
Annotate this Case
The Supreme Court reversed the opinion of the court of appeals affirming the decision of the district court granting the motion to dismiss filed by the City of Overland Park, holding that dismissal was improper on that ground that Plaintiffs would not be able to show that the City and its police officers owed them an individual duty and based on discretionary function immunity under the Kansas Tort Claims Act (KTCA).
In their petition Plaintiffs alleged that several armed representatives of defendant C-U-Out Bail Bonds, LLC forcibly entered the private residence occupied by Plaintiffs and that police officers withdrew from the scene, leaving Plaintiffs alone and at the mercy of the armed representatives. Plaintiffs sued C-U-Out and the City, alleging as against the City "negligent failure to protect." The district court dismissed the City as a defendant, ruling that Plaintiffs failed to state a valid cause of action. The court of appeals affirmed. The Supreme Court reversed, holding that Plaintiffs alleged sufficient facts to support (1) potential intentional illegal conduct on the part of the bail bondsmen, (2) a police undertaking of a duty to investigate owed to Plaintiffs individually, and (3) no discretionary function immunity for the City under the KTCA.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.