Shaw et al v. Schulte

Filing 612

MEMORANDUM AND ORDER sustaining 601 Motion to Compel. Within five days, defendant shall order the complete transcript of the Bosire trial. Signed by District Judge Kathryn H. Vratil on 2/7/2024. (bg)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS
BLAINE FRANKLIN SHAW, SAMUEL
JAMES SHAW and JOSHUA BOSIRE,

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)
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Plaintiffs,
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v.
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ERIK SMITH, in his official capacity as
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the Superintendent of the Kansas Highway
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Patrol, et al.,
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Defendants.
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____________________________________________)
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MARK ERICH, et al.,
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Plaintiffs,
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v.
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ERIK SMITH, in his official capacity as
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the Superintendent of the Kansas Highway
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Patrol,
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Defendant.
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____________________________________________)

CIVIL ACTION
No. 19-1343-KHV

CIVIL ACTION
No. 20-1067-KHV

MEMORANDUM AND ORDER
This matter is before the Court on Plaintiffs’ Motion To Compel Defendant To Order Trial
Transcripts For Appeal (Doc. #601 in No. 19-1343) filed January 19, 2024. For reasons stated
below, the Court sustains plaintiffs’ motion.
In the Shaw and Bosire trials, a jury returned a verdict in favor of plaintiffs. Subsequently,
after a bench trial, the Court granted plaintiffs’ request for a permanent injunction. Individual
trooper defendants Doug Shulte and Brandon McMillan did not appeal. Erik Smith appeals the
factual and legal sufficiency of the evidence in support of the Court’s injunction. Smith has
ordered all transcripts of the bench trial and the Shaw trial. Plaintiffs have filed a designation of

additional transcripts which includes the transcript of the Bosire trial, but Smith has declined to
order it. Plaintiffs now seek to compel Smith to order the full transcript of the Bosire trial.
An appellant must order transcripts of all parts of the proceedings not already on file as he
considers necessary but subject to a local rule of the court of appeals. Fed. R. App. P. 10(b)(1)(A).
Under the Tenth Circuit’s local rules, an appellant must provide all portions of the transcript
necessary to give the appellate court a “complete and accurate record of the proceedings related to
the issues on appeal.” 10th Cir. R. 10.2(A)(1). When an appellant challenges the sufficiency of
the evidence, it must provide the “entire relevant trial transcript.” 10th Cir. R. 10.2(A)(1)(a).
The parties stipulated that evidence from the Shaw and Bosire trials would be incorporated
as part of the record in this case, which includes the bench trial on injunctive relief. Indeed, in
determining the need for and the terms of an injunction, the Court relied on evidence from all three
trials. Because Smith challenges the sufficiency of the evidence in support of the injunction, the
transcripts of all three trials are necessary to give the appellate court a “complete and accurate
record of the proceedings related to the issues on appeal.” 10th Cir. R. 10.2(A)(1). The Court
therefore sustains plaintiffs’ request to compel defendant to order the trial transcripts of the Bosire
trial.
IT IS THEREFORE ORDERED that Plaintiffs’ Motion To Compel Defendant To Order
Trial Transcripts For Appeal (Doc. #601 in No. 19-1343) filed January 19, 2024 is SUSTAINED.
Within five days, defendant shall order the complete transcript of the Bosire trial.
Dated this 7th day of February, 2024 at Kansas City, Kansas.
s/ Kathryn H. Vratil
KATHRYN H. VRATIL
United States District Judge

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