Gilmore v. McKune

Gernon, J.:

This is an appeal by David McKune and other officials of the Lansing Correctional Facility (LCF) from an order granting part of Lafe Gilmore’s petition for writ of habeas corpus in which he challenged his placement in a newly created classification/status.

The district court ruled that the policy memorandum which created and defined an “unassigned for cause" status was invalid because the filing and publication requirements under K.S.A. 77-415 et seq. for rules and regulations were not fulfilled.

The parties agree on the facts. McKune, the warden of the LCF, issued a policy…