Litigation Successes and Ongoing Litigation

The CLDF and the KN Law Group have achieved considerable success in civil liberties litigation and have selected several strategic lawsuits aimed at advancing civil liberties protections in Kansas courts.

While the KN Law Group is willing to engage in further litigation like the cases described here, without contingency funding to the Civil Liberties Defense Fund such litigation will be increasingly difficult. Our current funding partners have achieved amazing success and made a major impact through funding the CLDF and allowing us to engage in many of these cases. While we seek alternatives and direct client funding before leveraging the CLDF, such a fund is necessary to allow important cases to proceed as various potential clients may not have the resources needed to bring the appropriate legislation against powerful and well-funded government entities.

Tax Abuses

The firm continues to litigate on behalf of business clients targeted by federal and state tax authorities. Past victories have included reduction in tax burdens for targeted businesses as well as the reversal of tax warrants and payment of attorney fees by the state.

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VICTORY – Fresh Vision OP

The Kansas Governmental Ethics Commission targeted a small community organization that had existed for years and demanded that they release all of their donors based on minor candidate mailings. Given the impact on core political speech and chilling implications, the Kansas Governmental Ethics Commission was forced to dismiss this action…

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VICTORY – Sedgwick County, Kansas

A small gym in Wichita continues to fight against business shutdown orders by requesting compensation for the shutdown under the Kansas Emergency Management Act (KEMA). This case inspired legislation in the past that was ultimately vetoed by the Governor, paving the way for litigation to continue. However, in 2022, the…

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VICTORY – Douglas County, Kansas

A lawsuit filed in October 2021 to challenge a ninety-day mask order in Douglas County, Kansas under 2021 Senate Bill 40. Ultimately, the County admitted the unenforceability of key provisions of the mask order during litigation, and the plaintiffs achieved a strategic victory for parental rights.

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VICTORY – Shawnee County, Kansas

A lawsuit filed in September 2021 challenging quarantine orders issued against two minor children seeks to have the quarantined orders declared void as a matter of law. The Shawnee County Local Health Officer issued pre-signed PDF templates to school officials with the intent of having non-medically-trained school officials issue K.S.A.

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ONGOING – Morris County, Kansas

A lawsuit filed in September 2021 to challenge an indefinite, universal mask order under 2021 Senate Bill 40. Despite an adverse ruling by the Morris County District Court, the case is being appealed, an appellate decision has the capability of creating favorable precedent across the state. These briefs have been…

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VICTORY – Johnson County, Kansas

A Kansas Open Records Act (KORA) investigation was commenced in September 2021 into USD 231 Gardner-Edgerton School District’s COVID-19 protocols and employment practices. Due to highly public nature this investigation and the subsequent board election, the majority of the school board constituted new leadership that decided not to continue on…

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VICTORY – Geary County, Kansas

In April 2021, a Kansas middle school math teacher was disciplined for failing to use a student’s preferred name and alternative pronouns. After representing the teacher through the administrative process, the firm brought suit in federal court challenging the discipline and another policy forcing teacher’s to lie to parents about…

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