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· 6/3/1994

Lindenman v. Umscheid

Citations

  • 875 P.2d 964
  • 255 Kan. 610
  • 1994 Kan. LEXIS 97

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that the Kanas City, Kansas – Wyandotte County Department of Health has no capacity to sue or be sued
  • holding that plaintiffs “were afforded an adequate state remedy under the common-law tort claim of malicious prosecution and cannot now seek relief under § 1983”
  • reversing district court's decision to grant summary judgment in favor of state agency on plaintiff's abuse of process claim, which alleged state agency misused emergency procedures authorized by Kansas Administrative Procedures Act to enter order suspending plaintiff's childcare license
  • appeal period is to be considered in determining when a termination of the proceeding has occurred
  • Kansas Department of Plealth and Environment is not a person for purpose of a 42 U.S.C. § 1983 claim where monetary relief is sought
  • “Subordinate government agencies, in the absencé of statutory authorization, ordinarily do not have the capacity to sue or be sued.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Lockett

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.