Richard Dean Rogers
Judge Rogers no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Rogers decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
In same-sex Title VII harassment cases Rogers strictly enforces Oncale's threshold 'because of sex' requirement before reaching severity. Crude sexual jokes and simulated-masturbation gestures by a male supervisor toward a male subordinate were NOT actionable absent proof the harasser was homosexual or acting from sexual desire, or evidence of how he treated women, or general anti-gender hostility. Practical lesson: in a same-sex harassment claim before this court, you must put on affirmative proof of one of the Oncale routes to 'because of sex' -- offensive conduct alone, however vulgar, will not survive summary judgment.
“There is no credible evidence that Captain Ritter is homosexual or bisexual or that his actions toward plaintiff were motivated by sexual desire or sexual prejudice... These crude efforts at jocularity or domination do not appear appropriate even in an all-male work environment. The record is barren of proof, however, that Ritter's conduct, albeit improper, was motivated by sexual desire or sexual prejudice.”
On ADEA pretext at summary judgment, Rogers distinguishes remarks about 'years of service' / seniority from remarks about chronological age, treating the former as not probative of age discrimination, and applies the 'same-actor' inference only when the record clearly shows the same person hired/promoted and fired. Where the evidence conflicts on who made the termination decision, he will deny summary judgment and let the pretext question go to a jury.
“After a thorough review of the entirety of the evidence presented, the court finds that plaintiff has presented evidence that is sufficient to create a triable issue as to whether the defendants= proffered reason for terminating him was a pretext for age discrimination.”
Procedural preferences
Rogers will not consider an argument first advanced in a reply brief, and he treats the pretrial order -- not the superseded complaint -- as controlling the live claims when ruling on a dispositive motion. Practical lesson: raise every dispositive argument in your opening brief, and frame your motion against the operative pretrial order, because new reply-brief theories are disregarded.
“In their reply brief, the defendants assert they are entitled to qualified immunity on plaintiff's 1983 claims. The court, however, will not consider arguments first advanced in a reply brief.”
Cautions
Rogers notices and comments on poor-quality briefing from both sides -- unsupported arguments and ignored arguments alike. While he did not deny relief solely on that ground here, the express reproach signals he expects authority-backed argument and full engagement with the opponent's points.
“The court begins by noting the poor quality of materials received from both sides in this case. The defendants have asserted several arguments without citation to any authority. Plaintiff has responded by overlooking several of the arguments put forth by the defendants.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“IT IS THEREFORE ORDERED that defendants= motion for summary judgment (Doc. # 57) be hereby denied.”
“The court shall grant defendants= motion for summary judgment.”
“IT IS THEREFORE ORDERED that defendants= motion to dismiss (Doc. # 64) be hereby granted in part and denied in part as set forth in the foregoing memorandum and order.”
“IT IS FURTHER ORDERED that defendants= motions to extend the time to file dispositive motions (Doc. ## 94 and 106) be hereby granted.”
“IT IS FURTHER ORDERED that plaintiff=s motion to strike (Doc. # 110) be hereby denied.”
“For the above-stated reasons, defendant=s motion for summary judgment shall be granted.”
“This action renders plaintiff=s motion for partial summary judgment moot.”
“Accordingly, the court shall grant defendant=s motion to dismiss for failure to state a claim upon which relief can be granted.”
“the court shall grant defendant=s summary judgment motion.”
“IT IS THEREFORE ORDERED that the motion to dismiss of defendant Johnson County, Kansas (Doc. # 11) be hereby granted.”
“IT IS FURTHER ORDERED that plaintiff=s request for entry of clerk=s default (Doc. # 9) be hereby denied.”
“IT IS THEREFORE ORDERED that plaintiff=s motion to dismiss (Doc. # 20) be hereby granted in part and denied in part.”
“For these reasons, the United States= motion to dismiss is granted.”
“Blickman=s motion for summary judgment shall be denied”
“plaintiff=s motion for partial summary judgment shall be denied.”
“Therefore, the court shall deny plaintiff=s motions to strike.”
“IT IS FURTHER ORDERED that respondent=s motion to dismiss the petition (Doc. 7) pursuant to 28 U.S.C. § 2244(a) is granted.”
“IT IS THEREFORE ORDERED that petitioner=s motion to amend his traverse (Doc. 9) is granted.”
“IT IS FURTHER ORDERED that this action is dismissed, without prejudice, for the reasons stated in the court=s Order of November 20, 2009, and herein.”
“his Motion for Leave to File an Amended Petition (Doc. 7) is denied, but has been construed and considered as a Supplement to Petition.”
Caseload & timing
From public federal docket records for this judge.
Median case duration in the sampled dockets: 506.5 days (N = 20).
20 terminated dockets assigned to 'Richard Dean Rogers' (the docket search, court=ksd), spanning 1992-2015. Nature-of-suit mix is dominated by habeas corpus (many are military/Fort Leavenworth detainee petitions -- Naval Clemency & Parole Board, Commandant, BOP) and Social Security disability appeals, with a secondary cluster of employment / civil-rights and personal-injury cases. This is a case-level sample for caseload shape, not a complete docket census.
A historical record
Judge Rogers 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.