Ditch v. Bd. of County Com'rs of Shawnee Cty., Kan.

ORDER NUNC PRO TUNC

SAFFELS, District Judge.

In Ditch v. Board, of County Comm’rs, 650 F.Supp. 1245 (D.Kan.1986), this court granted summary judgment on the plaintiffs claim under the Kansas Age Discrimination in Employment Act based on a failure to exhaust administrative remedies. Specifically, the court found that plaintiff failed to file a motion for rehearing with the Kansas Commission on Civil Rights (KCCR) within ten days of the issuance of a finding of no probable cause. This was based on the following provision from K.S.A. 44-1010:

No cause of action arising out of any order or decision…