COMPLAINT FOR CIVIL RIGHTS
VIOLATIONS (42 U.S.C. § 1983),
DECLARATORY RELIEF AND
COMES NOW Plaintiff SHONA BANDA and alleges as follows:
1. The claims raised by the Plaintiff in this Complaint are based on violations of the United States Constitution and the laws of the United States. This Court has federal question jurisdiction (28 U.S.C. §§ 1331, 1343(a), 2201 and 2202). Venue is proper because this is the district in which all of the events giving rise to the Plaintiff’s claims occurred (28 U.S.C. § 1391[b]).
2. Plaintiff SHONA BANDA (“BANDA”) is an individual, citizen of the United States and resident of the State of Kansas.
3. Defendant STATE OF KANSAS (“KANSAS”) is a state of the United States of America admitted to the Union on January 29, 1861.
4. Defendant SAM BROWNBACK is the elected Governor of KANSAS and is sued in his capacity as such.
5. Defendant KANSAS DEPARTMENT OF CHILDREN AND FAMILIES (“DEPARTMENT”) is an agency of KANSAS.
6. Defendant PHYLLIS GILMORE is the duly appointed Secretary of DEPARTMENT and is sued in her capacity as such.
7. Defendant GARDEN CITY POLICE DEPARTMENT (“GCPD”) is a municipal agency operating as part of incorporated Garden City, Kansas.
8. Defendant JAMES R. HAWKINS is the duly appointed Chief of the GCPD and is sued in his capacity as such.
9. Defendant GARDEN CITY USD 457 (“SCHOOL DISTRICT”) is a public school district and a unit of Defendant KANSAS.
10. Defendant TYLER STUBENHOFFER is an employee of SCHOOL DISTRICT and is sued in his capacity as such and individually.
11. Plaintiff does not know the true names and capacities of the defendants sued fictitiously as DOES 1 to 10 (“DOE DEFENDANTS”) and will amend this Complaint to reflect such information as it is ascertained. Plaintiff alleges that the DOE defendants are, each, separately or in groups, in some manner responsible for the acts complained of herein. Plaintiff further alleges that the DOE DEFENDANTS were the agents, employees or responsible individuals or entities in respect to the allegations set forth in this Complaint.
12. Ks. Stat. Ann. § 65-4105(h)(1) (“KCSA”) imposes felony criminal liability for the possession, distribution, storage, transportation or manufacture of any drug containing tetrahydrocannabinol, including all strains of cannabis, and places such drugs into the state’s Schedule 1 listing of drugs.
COMMON FACTUAL ALLEGATIONS
13. Plaintiff BANDA is the mother of two children including one 11-year-old son (“MINOR CHILD”). BANDA suffers from the painful symptoms and effects of Crohn’s Disease. Her condition was debilitating and rendered her unable to participate in normal life activities. BANDA has had seventeen (17) surgeries related to her conditions over a period of eight (8) years. Various prescription medications and aides were ineffective in relieving the symptoms and pain or had such strong side-effects that she was rendered immobile.
14. Several years ago, following the recommendation of qualified and licensed physicians, BANDA was using oil derived from the cannabis plant to treat her Crohn’s Disease. Upon treating the condition with cannabis oil, the debilitating symptoms that had rendered her unable to work and essentially confined to her home were significantly relieved. When BANDA has been unable to obtain and use cannabis to treat her condition, the debilitating pain and symptoms return again rendering her unable to function normally and prevent her from participating in many life activities.
15. BANDA’s children were, as children of parents using other medications often are, aware of her use of cannabis to treat debilitating Crohn’s Disease. Over time, BANDA had educated her children about cannabis and cautioned her 11-year-old that it is a medication she uses.
16. Plaintiff is informed and believes and based upon such information and belief alleges that on March 24, 2015 a classroom counseling program the s