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The Estate also declared neglect versus Ted Ensley, Marice Kane, and Victor Miller, Shawnee County Commissioners, for stopping working to provide properly trained personnel and procedures and to properly secure and supervise Vaughn. In its last claim, the Estate alleged the Shawnee County Commissioners were responsible under master/servant vicarious liability for the negligent conduct of their staff members.

On Might 25, 2006, the DOC submitted a motion for summary judgment. In July 2006, the Estate filed its response in opposition to the movement for summary judgment. However, on January 15, 2008, the district court released a stay in the Estate's case pending the appeal of a similar Shawnee County detainee suicide case in Thomas v.

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208, 262 P. 3d 336 (2011 ). After the Kansas Supreme Court decided Thomas on September 23, 2011, the district court restored the Estate's case. The district court approved the DOC's motion to amend its answer to consist of the affirmative defense of res judicata based upon Kansas cases chose during the pending stay, specifically Thomas, 293 Kan.

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Dickson, 290 Kan. 92, 223 P. 3d 786 (2010 ), and Estate of Belden v. Brown County, 46 Kan. App. 2d247, 261 P. 3d 943 (2011 ). After thinking about the movements and reactions for summary judgment, the district court granted summary judgment to the DOC. The court concluded that all of the Estate's claims, other than versus Rhone, were barred by res judicata based on the judgment given to the DOC in the federal case.

The Estate appeals. Our general requirement of review for summary judgment is well understood and frequently specified: "Summary judgment is suitable when the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, show that there is no authentic problem as to any product truth which the moving party is entitled to judgment as a matter of law.

When opposing a motion for summary judgment, an unfavorable party needs to come forward with proof to develop a conflict regarding a product truth. In  Check it Out  to preclude summary judgment, the truths based on the disagreement need to be material to the conclusive issues in the event. On appeal, we apply the very same rules [,] and where we discover reasonable minds might differ regarding the conclusions drawn from the proof, summary judgment must be denied.