Droge v. Rempel

Buser, J.:

August R. Droge appeals the dismissal of his pro se petition for damages. Droge, an inmate in state custody, asserts that Steven R. Rempel, a complaining witness at Droge’s criminal trial, testified in conflict with earlier statements Rempel made to the police. We conclude that Droge’s civil cause of action is for perjury. Because there is no civil cause of action for perjury in Kansas, we affirm the district court’s dismissal of Droge’s petition.

Factual and Procedural Background

On May 25, 2005, Droge was convicted of two counts of aggravated burglary, criminal damage to property,…