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Frank Gordon Theis

United States District Court for the District of Kansas district Retired 1998 · served 1967–1998 Appointed by Lyndon B. Johnson (Democratic) 25 signed orders read

Judge Theis no longer hears cases. This profile is preserved as a historical record of how they ruled.

How Judge Theis decides

Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.

What persuades

Theis rejected an overbroad discretionary-function defense because ordinary judgment alone could not make government conduct discretionary.

“The mere exercise of some judgment, however, cannot be sufficient to invoke the defense because ‘judgment is exercised in almost every human endeavor.’”

He allowed a warranty claim to proceed where the alleged product failure also caused property damage.

“The court rejects the defendant’s argument that it can be liable for breach of warranty if the product it sells fails to operate properly, but not if the product fails in such a way that it causes property damage”

Procedural preferences

He used a tailored protective order, rather than blocking discovery, to protect sensitive personnel information.

“An appropriately tailored protective order can be issued to ensure that any private matters are not disseminated”

He denied amendment when the proposed claim would have been futile.

“the amendment would be futile, and for that reason the court denies the plaintiffs motion to amend.”

Cautions

He treated dismissal at the pleading stage as disfavored where discovery could resolve the limitations facts.

“Motions to dismiss are disfavored: a complaint should not be dismissed for failure to state a claim unless it appears”

He upheld the implied-consent statute against the asserted right-to-counsel challenge.

“The statute does not impermissibly infringe on the fifth amendment right to counsel.”

Signed rulings

A grounded sample of orders signed by this judge, with the verbatim dispositive language.

Hinsdale v. City of Liberal, Kansas
981 F. Supp. 1378 · 1997-07-09
Objections to magistrate order (defendants) Denied

“defendants’ objections to Magistrate Judge Reid’s memorandum and order (Doc. 59) are hereby overruled.”

Tank v. Chronister
951 F. Supp. 182 · 1997-01-16
Motions to dismiss (defendants) Granted

“defendants’ motion to dismiss (Doc. 30) is hereby granted.”

Doughty v. Secretary of Health and Human Services
788 F. Supp. 1169 · 1992-03-26
Motion to dismiss or summary judgment (Secretary) Granted

“the Secretary’s Motion to Dismiss or, in the Alternative, Motion for Summary Judgment (Doc. 38) is hereby granted;”

Pride v. Kansas Highway Patrol
793 F. Supp. 279 · 1992-05-01
Summary judgment (defendant) Granted

“Defendant’s Motion for Summary Judgment on the § 1983 claim is hereby granted.”

DeTienne v. DeTienne
815 F. Supp. 394 · 1993-02-12
Garnishment claim (plaintiff) Granted

“judgment be entered in favor of plaintiff and against garnishee Social Security Administration in the amount of $8,596.00.”

United States v. Sumner
793 F. Supp. 273 · 1992-04-29
Motion for discovery (defendant) Granted in part

“defendant’s motion for discovery and disclosure of impeaching information (Doc. 30) is hereby granted in part and denied in part.”

Franz v. Lytle
791 F. Supp. 827 · 1992-04-15
Summary judgment (defendants) Granted in part

“the defendants’ summary judgment motion is hereby granted in part and denied in part.”

Gray v. United States
586 F. Supp. 1127 · 1984-03-22
Summary judgment (United States) Granted

“the motion by the United States for summary judgment is hereby granted.”

Robinson v. Bowen
679 F. Supp. 1011 · 1988-02-18
Motion for attorneys fees (plaintiff) Granted

“plaintiff’s motion for attorney fees in the amount of one hundred dollars per hour for 33.2 hours is hereby granted.”

Marks v. Lyon County Board of County Commissioners
590 F. Supp. 1129 · 1984-08-10
Summary judgment (county commissioners) Granted

“the motion for summary judgment by the Commissioners is hereby granted”

United States v. Estate of Baxter
568 F. Supp. 707 · 1983-08-10
Summary judgment (United States) Granted

“summary judgment in favor of the United States and against the estates of Earl R. Baxter and Lynn O. Muse be entered in the amount of $1,000,000.00.”

Moos v. Norton
789 F. Supp. 352 · 1992-03-20
Summary judgment (defendants) Granted

“defendants’ motion for summary judgment (Doc. 33) is hereby granted.”

Caseload & timing

From public federal docket records for this judge.

Median case duration in the sampled dockets: 2099 days (N = 20).

The 20 located assigned cases filed from 1981 through 1987 were all terminated and are not a career-wide caseload measure.

A historical record

Judge Theis no longer hears cases. This profile stays available as a record of how they ruled. If you're preparing for a matter, start from the court's current bench.