April 20, 2023
Bruce Leichty v. City of North Newton, Kansas
Tracy Hayes recently obtained a ruling from the United States Court of Appeals for the 10th Circuit affirming the dismissal of the City of North Newton, Kansas. Plaintiff filed suit against the City of North Newton, Kansas for false arrest and violation of Section 1983. Tracy successfully argued to the District Court that Plaintiff failed to comply with K.S.A. 12-105b(d), which requires notice be provided to a municipality prior to filing a lawsuit, and that Plaintiff failed to state a claim upon which relief could be granted pursuant to Section 1983 related to an unconstitutional policy or custom. The dismissal was upheld by the 10th Circuit.