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Kirk v. City Shawnee8/11/2000
, 23 Kan. App. 2d 394; Beebe v. Fraktman, 22 Kan. App. 2d 493 (agencies immune for failing to follow their own policies in investigating allegations of child abuse).
It should be noted that some of the Supreme Courts' pronouncements in this area are inconsistent and no effort has been made by that court to reconcile these cases. For example, in Kansas State Bank & Tr. Co. v. Specialized Transportation Services, Inc., 249 Kan. 348, 819 P.2d 587 (1991), the court held school district personnel's failure to follow mandatory district policies requiring reporting problems with school bus drivers precluded a claim to discretionary immunity from damages arising from assault by driver against student. 249 Kan. at 366. Likewise, in P.W. v. Kansas Dept of SRS, 255 Kan. 827, 877 P.2d 430 (1994), the court discussed, in dictum, the Fudge holding that mandatory policies created a duty to act despite the enactment of K.S.A. 75-6104(d) several years earlier. 255 Kan. at 836-37. Neither case mentioned 75-6104(d). However, since Jarboe is the most recent pronouncement of the Supreme Court on this point and it expressly acknowledges the effect of subsection (d), Jarboe controls.
The trial court correctly decided that in the absence of explicit directives in the PFA order, the City and its police department had discretion in determining the proper method of enforcing the PFA order, especially since the order permitted Roland to be on the premises at the time this shooting occurred.
The decision of the trial court is affirmed.
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