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Buchanan v. City of Topeka

United States District Court, D. Kansas

July 29, 2014

SEAN S. BUCHANAN, Plaintiff,
v.
CITY OF TOPEKA, KANSAS; SHAWNEE COUNTY, KANSAS; SGT. JOHN TRIMBLE; SGT. DON O'DELL; CHIEF OF POLICE RONALD MILLER; LEGAL ADVISOR JALYNN COPP; CITY MANAGER JIM COLSON; CITY ATTORNEY DAVE STARKEY; DISTRICT ATTORNEY CHAD TAYLOR; KDHE BAP SUPERVISOR CHRISTINE HOUSTON; KDHE DEPUTY CHIEF COUNSEL TIM KECK; and KDHE SECRETARY ROBERT MOSER, Defendants.

MEMORANDUM AND ORDER

ERIC F. MELGREN, District Judge.

Plaintiff Sean S. Buchanan ("Plaintiff") seeks monetary damages from the City of Topeka, Chief of Police Ronald Miller, Sergeant John Trimble, Sergeant Don O'Dell, Legal Advisor Jalynn Copp, City Manager Jim Colson, and City Attorney Dave Starkey (hereinafter collectively referred to as "the City Defendants"); District Attorney Chad Taylor, Kansas Department of Health and Environment ("KDHE") Breath Alcohol Program Supervisor Christine Houston, KDHE Deputy Chief Counsel Tim Keck, and KDHE Secretary Robert Moser (hereinafter collectively referred to as "the State Defendants"); and Shawnee County, Kansas, for alleged violations of Plaintiff's Fifth and Fourteenth Amendment rights, civil conspiracy and collusion, and intentional infliction of emotional distress. This matter is before the Court on Defendants' Motions to Dismiss (Docs. 23 and 25). For the reasons stated below, Defendants' Motions are granted.

I. Parties

Plaintiff, Sean S. Buchanan, is an individual representing himself pro se with residence in Orrick, Missouri.

Defendant Sergeant John Trimble is a member of the Topeka Police Department. Sergeant Trimble was Plaintiff's arresting officer, filed the initial information against Plaintiff, and was a key witness for the state in the criminal trial.

Defendant Sergeant Don O'Dell is a member of the Topeka Police Department. Sergeant O'Dell was the Agency Custodian for the Topeka Police Department's evidential breath alcohol machines and was a key witness for the state in Plaintiff's criminal trial.

Defendant Ronald Miller is the Chief of Police for the Topeka Police Department.

Defendant Jalynn Copp is the Legal Advisor for the Topeka Police Department.

Defendant Jim Colson is the City Manager of the City of Topeka.

Defendant Dave Starkey is the City Attorney for the City of Topeka.

Defendant Chad Taylor is the Shawnee County District Attorney.

Defendant Christine Houston ("Houston") is the Breath Alcohol Program Supervisor for KDHE. Houston was also a key witness for the State in Plaintiff's criminal trial.

Defendant Tim Keck is the Deputy Chief ...


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