Keithley v. Black

Plaintiff-appellant, Gary A. Keithley, asserts defendantsappellees, Charles J. Black, John P. Eggers, and one Officer Bittinger, acting jointly and while employees of the state, negligently failed to prevent the theft of Keithley’s property from his prison cell. Defendants demurred on the grounds the petition is time barred and contains a defect in parties. The district court sustained the demurrer and dismissed the suit. In his initial brief, Keithley assigned as operative errors the district court’s (1) permitting defendants to demur out of time, (2) failing to state the ground on which it…