Supreme Court upholds lower court decisions in repressed memory case

The Kansas Supreme Court today upheld decisions from the Kansas Court of Appeals and Wyandotte County District Court concerning an individual who alleged he was sexually abused by a priest in Shawnee County in the 1980s.

In the case, a man stated he had repressed memories of the alleged incidents that happened in the Topeka area, and he recalled it after media published reports about other abuse cases.

The Supreme Court affirmed both the Court of Appeals and the Wyandotte County District Court and remanded the case to the district court for further proceedings. The lawsuit was in Wyandotte County District Court because of the location of the Archdiocese of Kansas City in Kansas.

Writing for the court majority, Justice Eric Rosen noted that further discovery will be necessary to establish the time frame of the abuse and the time frame for discovery of the abuse. These will ultimately be questions of fact for determination in the district court, and the answers to these questions will govern whether the individual, identified by his initials in the lawsuit, filed his petition in time to preserve his cause of action.

A state law requires a plaintiff to start an action no more than eight years after the events that caused harm, but the law had an exception for injuries resulting from sexual abuse. Plaintiffs are allowed to bring an action for childhood sexual abuse up to three years after the plaintiff turns 18 or three years after the plaintiff discovers injuries caused by childhood sexual abuse. In this case, there were questions about the exact years the alleged abuse actually took place.

The Archdiocese of Kansas City in Kansas argued separately that claims against it were time-barred because the statute exception applied only to suits against individuals, not against institutions. The Supreme Court rejected the argument, holding the statutory exception focuses on harm resulting from abuse, not on perpetrator liability.

In a concurring opinion, Justice Caleb Stegall, joined by Chief Justice Marla Luckert, agreed with the outcome but disagreed with the majority’s determination that the statute contains no requirement that a defendant must have been the active perpetrator of the abuse. The concurring justices would find the statute ambiguous but would hold the Archdiocese potentially liable under a theory of aiding and abetting.

Armored car company stopped for hauling legal weed funds across Kansas settles federal suit

Litigation over Kansas case continues

Topeka — The U.S. Department of Justice agreed Wednesday to return all cash seized from an armored car company used by legal marijuana dispensaries during several traffic stops in California last year.

The California seizures occurred based on what authorities learned in Kansas during a May traffic stop of an Empyreal Logistics car. Conversations between state and federal law enforcement agencies stemming from a stop resulted in a series of events in which Kansas and California officers seized more than $1.2 million.

Soon after, the company filed a federal lawsuit detailing how a sheriff’s deputy in Dickinson County stopped one of their vehicles transporting cash from licensed marijuana dispensaries to banks and credit unions, seizing more than $165,000 on Interstate 70. In response, the U.S. Attorney’s Office in Kansas filed a civil forfeiture action against Empyreal, asserting that the cash was connected to sales in violation of the Controlled Substances Act.

A firm representing Empyreal announced Wednesday the DOJ had agreed to return all funds seized by the San Bernardino County Sheriff —approximately $1.1 million — in exchange for dropping the lawsuit. However, according to the firm representing Empyreal in the federal suit, the settlement does not address the San Bernardino sheriff or the case in Kansas.

“Empyreal has always viewed ourselves as a partner to financial institutions and law enforcement,” said Empyreal CEO Deirdra O’Gorman. “Our service increases transparency and makes communities safer. Empyreal is committed to continuing our mission of working with financial institutions and their state-legal business customers.”

Empyreal operates in 28 states and provides cash logistics solutions, including secure delivery between businesses such as state-licensed cannabis operations and financial institutions. The company never transports cannabis products.

The lawsuit alleged Dickinson County Sheriff’s Deputy Kalen Robinson pulled over a transit van heading east on the interstate because the license plate tag was partially obscured. After a conversation with a Drug Enforcement Administration agent, Robinson told the Empyreal driver she was free to go.

As the van headed back to Colorado the next day after picking up cash from Missouri dispensaries, Robinson pulled over the van. During the three-hour stop, the sheriff’s office seized five bags of cash that totaled $165,855, according to the offense report filed in connection with the case.

Empyreal said no traffic citations were issued to their drivers during any of the five stops mentioned in its complaint. However, in the lawsuit, the company said it has been forced to stop transporting cash through Kansas because of the seizures.

Their attorneys argued the stop occurring in Kansas was of no consequence, even if the state has not legalized any form of marijuana use, because it harms legally operating cannabis businesses.

“Empyreal was operating legally under California law, but with current federal civil forfeiture laws, even compliant businesses can be targeted,” said senior attorney Dan Alban of the now settled federal case. “Returning this money is the right thing to do.”

Federal law prohibits the U.S. Department of Justice from spending money to prevent states from “implementing their own state laws that authorize the use, distribution, possession or cultivation of medical marijuana.”

The prohibition, known as the Rohrabacher–Farr Amendment, became law in 2014 and must be renewed every year. It remains in effect.

Kansas Reflector stories, www.kansasreflector.com, stories may be republished online or in print under Creative Commons license CC BY-NC-ND 4.0
See more at https://kansasreflector.com/2022/04/14/armored-car-company-stopped-for-hauling-legal-weed-funds-across-kansas-settles-federal-suit/

Litigants file appeal of Kansas judge’s dismissal of lawsuit challenging election restrictions

Kelly fought disenfranchising legislation; Schmidt hailed election integrity victory

by Tim Carpenter, Kansas Reflector

Topeka — A Shawnee County District Court judge issued a decision dismissing a lawsuit filed by four organizations and several individuals challenging constitutionality of 2021 election mandates vetoed by Gov. Laura Kelly but sustained by the Kansas Legislature.

Judge Teresa Watson, appointed by Republican Gov. Sam Brownback in 2014, dismissed the suit Monday contesting signature verification requirements on advanced ballots and restrictions on political operatives collecting absentee ballots from voters and transporting them to polling places or election offices.

League of Women Voters of Kansas, Loud Light, Kansas Appleseed Center for Law and Justice and the Topeka Independent Living Resource Center filed an appeal asserting dismissal of the case was a mistake. The plaintiffs claimed House Bill 2183 and House Bill 2332, passed in the 2021 legislative session, violated the Kansas Constitution by interfering with Kansans’ voting, due process and free speech and association rights.

“With primary elections just around the corner, voters need swift action to protect them against these anti-voter laws,” said Jacqueline Lightcap, co-president of the League of Women Voters of Kansas. “The longer justice for voters is delayed, the less time we have to educate them on how to make their voices heard in the election.”

Teresa Woody, Kansas Appleseed’s litigation director, said the district court judge’s dismissal meant Kansans’ right to vote and exercise political free speech remained under attack.

“The state’s enactment of these cynical statutes, where evidence of election fraud is non-existent, unconstitutionally stifles Kansans’ votes and access to the polls,” Woody said.

Attorney General Derek Schmidt, who is seeking the GOP nomination for governor, said the state “successfully defended these important election-integrity provisions.”

“We will continue to provide them a vigorous defense as long as necessary to help ensure that Kansas elections are safe and secure,” he said.

Gov. Kelly, a candidate for re-election in November, said when vetoing the two bills that restrictive legislation wasn’t based on evidence of consequential voter misconduct in Kansas. She said the bills offered a solution to a “problem that doesn’t exist” and was intended to “disenfranchise Kansans” by making it more difficult to participate in the democratic process. She said the legislation didn’t have anything to do with voter fraud.

“Although Kansans have cast millions of ballots over the last decade, there remains no evidence of significant voter fraud in Kansas,” she said. “We also know what happens when states enact restrictive voting legislation. Hundreds of major companies across the nation have made it abundantly clear that this kind of legislation is wrong. Antagonizing the very businesses Kansas is trying to recruit is not how we continue to grow our economy.”

Legal challenges to portions of the two bills were filed in state and federal courts.

A U.S. District Court struck down in November a provision banning any person from mailing an advance voting application or causing an application to be mailed, unless the sender was a resident of Kansas or domiciled in Kansas. The state of Kansas agreed not to enforce that provision in a binding consent decree.

The challenge of a prohibition on mailing of advance mail ballot applications personalized with a voter’s information remains in litigation at the federal level.

A state district court upheld in September a portion of the legislation related to false representation of an election official is on appeal to the Kansas Court of Appeals.

Kansas Reflector stories, www.kansasreflector.com, may be republished online or in print under Creative Commons license CC BY-NC-ND 4.0.
See more at https://kansasreflector.com/2022/04/12/litigants-file-appeal-of-kansas-judges-dismissal-of-lawsuit-challenging-election-restrictions/