TOPEKA (KSNT) – The City of Topeka says that the property owner of the Mott House, formerly known as the Transgender House, is responsible for the damage caused by police during a standoff, but adds that the property owner can file a claim with the city.
The Topeka Mott House, formerly known as the Transgender House, was damaged after a homicide suspect, later identified as 51-year-old Carlos Slaughter, barricaded himself inside the home on Tuesday, July 29. He was wanted in connection with an Oklahoma City homicide.
Police entered the home around 4 a.m. on Wednesday, July 30 and found Slaughter dead inside. Police are investigating his death as a possible suicide.
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City Communications Director Dan Garrett said the damage to the property was caused by officers attempting to enter the home safely after Slaughter refused to come out. Garrett told 27 News the property owner is responsible for the damage, but they can file a claim. He said the city would review the claim under Kansas law to see if there is any liability.
According to the city website, Kansas law applies a higher standard than mere negligence when it comes to personal property damaged by police officers. Under K.S.A. 12-105b, the city has up to 120 days to investigate a claim. During that time, nobody can file a lawsuit against the city until the claim is denied or until 120 days pass since the claim was filed.
“The City is not permitted to settle a claim unless substantial evidence establishes that the City may be legally liable.”
Topeka Municipal Code 3.35.030.
“We are deeply concerned about the incident and don’t have many details on what happened,” a spokesperson for the property owner, Planting Peace, said on Wednesday, July 30. “Our focus is working with law enforcement to learn more and support their investigation however we can.”
Planting Peace has yet to confirm whether the organization plans to pursue claims for the damage caused to the property. An email message was not answered and a man who identified himself as a property manager at the property Thursday said he could not comment.
The Kansas Tort Claims Act (KTCA), enacted in 1979, added clarity to the issue of governmental immunity for property damage. Tort claims provide remedies to people who have suffered harm by unreasonable acts of another. According to the Kansas Legislative Research Department, the law covers the liability of damages caused by negligence.
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The KLRD pointed to several exceptions to the rule of liability, including an example illustrated in Allen v. Board of Commissioners of the County of Wyandotte wherein law enforcement officers owe a duty to the public to use reasonable and ordinary care and diligence in exercising their duties.
“Police officers who act maliciously, or wantonly fail to exercise the care and diligence required of officers, are not afforded protection by the KTCA,” as opined by the Kansas Supreme Court Hopkins v. State 1985 case.
“Plaintiffs also have asserted a variety of other tort actions under this law including, among others, defamation, invasion of privacy, abuse of process, malicious prosecution, trespass, and nuisance,” the KLRD wrote.
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Under the KTCA, there is a $500,000 cap on damage awards for any number of claims from a single incident or accident. Some provisions can waive the cap if there is insurance or a pooling arrangement to provide coverage over the $500,000 liability limit.
The Mott House is situated on the same property as the Equality House and was painted with the colors of the transgender flag in June 2016. The properties are part of the global nonprofit organization Planting Peace. Planting Peace works on a variety of humanitarian and environmental topics, including LGBTQ+ advocacy. The house was renamed in 2019 to honor Kansas transgender activist Stephanie Mott.
You can read more about the police standoff at the Mott House by clicking here.
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