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PER CURIAM. Robert R. Laing, Jr., of Kansas City, for appellants. Jonathan C. Brzon and Richard V. Eckert, of Office of the Shawnee County Therapist, of Topeka, for appellees. Before MALONE, C.J., PIERRON and STANDRIDGE, JJ.  Read More Here . William Harrison Vaughn, Jr., committed suicide while jailed at the Shawnee County Department of Corrections.

Vaughn, as survivor and the administrator of Vaughn's estate, and also K.L.A., Vaughn's survivor, (collectively Estate), submitted fit in Kansas federal district court versus the County and likewise the guards/staff (jointly the DOC). In federal court, the Estate raised offenses of Vaughn's rights under the Eighth and Fourteenth Modifications to the United States Constitution under 42 U.S.

1983 (2000) and also neglect claims under Kansas law. The federal court approved summary judgment to all the defendants except Donavin Rhone on the federal constitutional claims. See Vaughn v. County Com'rs of Shawnee County, Kan., No. 044083JAR 2005 WL 3087842 (D.Kan. 2005) (unpublished opinion). The Estate had filed a different case in federal court versus Rhone and that case was dismissed without prejudice.

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The Estate submitted the Kansas negligence declares against the DOC in the district court. The court gave summary judgment to the DOC discovering all claims were disallowed by res judicata based on the judgment given in the federal case. Relating to Rhone, the court held the Rhone owed no duty to Vaughn since Rhone did not know or have any reason to understand that Vaughn was likely to do hurt to himself.

For instance, in Ruebke v. Globe Communications Corp., 241 Kan. 595, 738 P. 2d 1246 (1987 ), the complainant's reaction to a movement for summary judgment consisted of only basic referrals to the entire trial transcript. The court supported the trial court's ruling that the opposing party was considered to have admitted the uncontroverted facts, stating that the guideline vests discretion on the trial judge "whose sound discretion will not be disturbed on appeal without a clear showing of abuse.

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One who asserts the court has abused its discretion bears the concern of revealing such abuse of discretion."241 Kan. at 604. Here, the district court that discovered all however three of the DOC's realities listed in its summary judgment motion were uncontroverted by the Estate and the staying three were not adequately controverted by the Estate in its response.