Bret D.

Landrith
Plaintiff appearing Pro se
Apt. E, 5306 SW West Dr.
Topeka, KS 66606
Cell 816-783-7495
bret@bretlandrith.com
 
IN THE DISTRICT COURT OF SHAWNEE COUNTY, KANSAS

BRET D. LANDRITH )
Plaintiff ) Case No. 10C1436
) Div. 6
v. )
) Jury Trial Demanded
DON JORDAN SECRETARY OF SRS, et al )
Defendants )
 
REPLY MEMORANDUM IN SUPPORT OF PLAINTIFF’S
MOTION TO DISQUALIFY C. WILLIAM OSSMANN K.S.A. 75-702

Comes now the plaintiff Bret D Landrith appearing pro se and makes the following reply

memorandum supporting disqualification under K.S.A. 75-108.

DISPUTED FACTS

1. The disqualification motion is under K.S.A. 75-108 not the Kansas Rules of Professional Conduct.

2. The argument that C. William Ossmann makes on behalf of DON JORDAN and DAVID WEBER is that

they sought Attorney General representation under the Kansas Tort Claims Act.

3. The complaint is not under the Kansas Tort Claims Act and C. William Ossmann does not address the

constitutional implications of State of Kansas Officials exercising authority in their office that violates

federal civil rights statutes with penalties that the plaintiff made in his motion for disqualification.

4. The attached letters from a Deputy Attorney General under the Kansas Tort Claims Act are not the

appearance in court by the Attorney General of Kansas mandated by K.S.A. 75-108.

REPLYMEMORANDUM OF DISPUTED ISSUE OF LAW

The defendants DON JORDAN and DAVID WEBER do not provide any supporting authority or

even the weight of a Kansas Attorney General Opinion (of limited authority) to rebut the plaintiff’s motion

to disqualify SRS staff counsel as required under K.S.A. 75-108.

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 The defendants DON JORDAN and DAVID WEBER’s response at page 2 states the express

language of K.S.A. 75-108 “ The attorney general shall appear, and prosecute and defend all actions and

proceedings civil or criminal…” [Emphasis added].

The defendants DON JORDAN and DAVID WEBER are required to be defended by the Attorney

General of Kansas. Deputy attorney generals, assistant attorney generals, contracted law firms or even C.

William Ossmann [providing the Attorney General inadvisedly waives the probems created by SRS staff

attorney representation] can only appear on behalf of the Attorney general of Kansas who must sign or have

his agent sign every pleading in DON JORDAN and DAVID WEBER’s defense.

S/Bret D. Landrith
Bret D. Landrith
Plaintiff appearing Pro se

CERTIFICATE OF SERVICE

I hereby certify I have provided on November 26, 2010 a true copy of the above to the defendants via US
Mail First Class postage pre-paid as indicated:

Defendant DON JORDAN and Defendant DAVID WEBER to their counsel C. William Ossmann, Chief of
Litigation at the Kansas Department of Social and Rehabilitation Services,915 SW Harrison, 6th floor,
66612-1354. Via email and US Mail

Defendant BRIAN FROST through his attorney J. Steven Pigg, FISHER PATTERSON, SAYLER, &
SMITH, LLP PO Box 949, Topeka, KS 66601-0949. Via email and US Mail

Defendant YOUNG WILLIAMS PC through their attorney Amy Raymond, 120 SE 6th Street Suite 106,
Topeka, KS 66603.

Defendant CRAIG E. COLLINS at 3209 SW Bell Ave, Topeka, Kansas 66614. Via US Mail.

S/Bret D. Landrith
Bret D. Landrith
Plaintiff appearing Pro se
 

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