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Wesley Ernest Brown

United States District Court for the District of Kansas district Retired 2012 · served 1962–2012 Appointed by John F. Kennedy (Democratic) 25 signed orders read

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

How Judge Brown decides

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

What persuades

Brown accepted a constitutional claim as insufficient even when the prisoner’s factual account was assumed true for summary-judgment purposes.

“for purposes of determining summary judgment the averments of the plaintiff shall be assumed true.”

He protected an undivided spousal homestead interest against foreclosure for the other spouse’s federal tax liability.

“Esther’s interest in the homestead is undivided, vested, and indivisible.”

Procedural preferences

He favored transfer over dismissal when transfer allowed a claim filed in the wrong venue to be decided on its merits.

“this action be transferred to an appropriate district court in California in order that the claim of plaintiffs may be determined upon its merits.”

He deferred most summary-judgment issues when discovery and additional briefing were needed.

“the court will defer a ruling on defendants’ summary judgment motion until after an appropriate period for discovery and additional briefs from the parties.”

Cautions

He treated administrative credibility findings as especially important where medical evidence was conflicting.

“The ALJ is in the best position to consider the credibility of the plaintiff and has explicitly done so.”

He required the pleaded facts to fit the governing statute rather than extending a remedy beyond its categories.

“Since Henryetta does not fit into any of these categories, her petition cannot be granted.”

Signed rulings

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

United States v. Welsh
384 F. Supp. 531 · 1974-10-30
Appeal from magistrate conviction (defendant) Denied

“the defendant’s appeal is without merit and that the conviction is affirmed.”

Patterson v. Weinberger
385 F. Supp. 961 · 1974-12-10
Summary judgment (Secretary) Granted

“the Motion of Caspar W. Weinberger, Secretary of Health, Education and Welfare, for Summary Judgment be, and it is hereby Sustained;”

Suits v. Lynch
437 F. Supp. 38 · 1977-06-30
Summary judgment (defendant) Granted

“defendant’s motion for summary judgment be and the same is hereby Granted.”

In re McCann
387 F. Supp. 416 · 1975-01-10
Bankruptcy appeal (creditor) Denied

“The Judgment of the Bankruptcy Court upon the Dischargeability Complaint filed on November 5, 1973 by the creditor G.A.C. Finance Corporation is affirmed”

Donahue v. Maynard
437 F. Supp. 47 · 1977-07-05
Civil rights claim (plaintiff) Denied

“all claims for relief be, and the same are hereby, Denied.”

In re Burns
357 F. Supp. 176 · 1972-06-20
Bankruptcy appeal (creditor bank) Denied

“the findings and conclusions of the Referee with respect to the dischargeability of the debt in question are, in all respects, Affirmed.”

McKay v. Raines
405 F. Supp. 363 · 1975-10-17
Application for bail (petitioner) Denied

“It is ordered that petitioner’s application for bail be denied.”

Habeas petition (petitioner) Denied

“It is further ordered that petitioner’s request for relief be denied.”

Schnurr v. United States Secretary of Health Education & Welfare
330 F. Supp. 504 · 1971-08-12
Summary judgment (Secretary) Granted

“defendant’s motion for summary judgment be and it is hereby sustained.”

McCarthy v. Burkholder
448 F. Supp. 41 · 1978-02-02
Motions to dismiss (defendants) Granted

“defendants’ Motion to Reconsider and to Dismiss be, and it is hereby Sustained;”

Tillman v. Eattock
385 F. Supp. 625 · 1974-12-10
Motions to dismiss (defendant) Denied

“the defendant’s Motion to Dismiss be, and it is hereby Overruled ;”

Motions to transfer (plaintiffs) Granted

“plaintiff’s Motion to Transfer be, and it is hereby Sustained ;”

Worthing v. Hosey
73 F.R.D. 406 · 1977-01-05
Summary judgment (defendants) Granted

“the motions of the defendants for summary judgment be, and the same are hereby, sustained;”

Austin v. United States
393 F. Supp. 291 · 1975-04-24
Military records correction claim (plaintiff) Granted

“the defendants shall convene the appropriate evaluation boards pursuant to AFM 35-4 within 180 days”

Caseload & timing

From public federal docket records for this judge.

Median case duration in the sampled dockets: 1089 days (N = 20).

The 20 located assigned cases filed from 1986 through 1992 were all terminated and covered a varied but narrow historical cohort; they are not a career-wide caseload measure.

A historical record

Judge Brown 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.