United States District Court, D. Kansas
GWENDOLYN G. CARANCHINI, Plaintiff,
SHERIFF CALVIN HAYDEN et al., Defendants.
MEMORANDUM AND ORDER
Murguia, United States District Judge.
plaintiff Gwendolyn G. Caranchini filed the present action
against Johnson County Sheriff Calvin Hayden, the Johnson
County Detention Center, Correct One Solutions, and Sheriffs
of Johnson County, Kansas, for violations of her
constitutional rights while she was incarcerated in the
Johnson County Jail. The matter is currently before the court
on Sheriff Hayden, the Sheriffs of Johnson County, Kansas,
and the Johnson County Detention Center's Motion to
Dismiss (Doc. 4). Defendants argue the claims against them
should be dismissed under Rule 12(b)(6) of the Federal Rules
of Civil Procedure. For the following reasons, the court
grants defendants' motion.
filed a 66-page complaint in Johnson County, Kansas District
Court on February 6, 2019. Defendants removed the case to
this court on February 7, 2019. The court will highly
summarize the facts relevant to the present motion.
Plaintiff, a former attorney, and Rick Peck were involved in
an extra-marital affair. At some point Rick and his wife,
Lola Peck, filed for a Temporary Restraining Order
(“TRO”) against plaintiff.
February 9, 2017, plaintiff appeared in front of a Johnson
County District Court magistrate judge for a hearing on the
TRO. At the conclusion of the hearing, deputies from the
Johnson County Sheriff s Department arrived to arrest
plaintiff on telephone harassment charges. Plaintiff was
taken to the Johnson County Jail where she was held until she
was released the following evening on bond. She was
incarcerated for approximately 36 hours.
cites various instances that occurred during her
incarceration that are the basis of her lawsuit:
• She was not brought before a judge to be given the
reason for her incarceration,
• She was not given an opportunity to make a telephone
call to her lawyer or to make bail,
• She was not given an opportunity to post bail,
• She was denied her medications or the opportunity to
see a doctor or nurse,
• She was placed in a cell with bright lights which
intensified her migraine headaches,
• She was denied food that complied with her restricted
• She was denied water,
• She was assaulted by multiple sheriffs who
“humped her sexually” and then dragged ...