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Judge rules 41 Action News open records case can proceed

Family of Overland Park teen decries police treatment
Posted at 2:00 PM, Mar 08, 2021
and last updated 2021-03-08 15:00:58-05

KANSAS CITY, Mo. — A Johnson County, Kansas, judge ruled Monday that an open records lawsuit against the city of Overland Park filed by 41 Action News can move forward.

In January, 41 Action News filed a lawsuit to obtain a report that was part of the investigation of a 2018 shooting by an Overland Park police officer in which 17-year-old John Albers was killed.

In response to the lawsuit, attorneys representing Overland Park filed a motion to dismiss, saying the lawsuit was grossly excessive in length.

In a ruling Monday, Judge Robert Wonnell denied the city’s motion to dismiss the case.

Wonnell instructed both parties to focus on the matter of whether the original open records request should or should not be approved.

The judge gave the city until March 30 to respond to the petition.