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PER CURIAM. Robert R. Laing, Jr., of Kansas City, for appellants. Jonathan C. Brzon and Richard V.  Source , of Workplace of the Shawnee County Therapist, of Topeka, for appellees. Prior To MALONE, C.J., PIERRON and STANDRIDGE, JJ. MEMORANDUM OPINION PER CURIAM. William Harrison Vaughn, Jr., dedicated suicide while jailed at the Shawnee County Department of Corrections.

Vaughn, as survivor and the administrator of Vaughn's estate, and likewise K.L.A., Vaughn's survivor, (jointly Estate), filed suit in Kansas federal district court against the County and likewise the guards/staff (collectively the DOC). In federal court, the Estate raised infractions of Vaughn's rights under the Eighth and Fourteenth Changes to the United States Constitution under 42 U.S.

1983 (2000) and likewise negligence claims under Kansas law. The federal court approved summary judgment to all the accuseds other than Donavin Rhone on the federal constitutional claims. See Vaughn v. County Com'rs of Shawnee County, Kan., No. 044083JAR 2005 WL 3087842 (D.Kan. 2005) (unpublished opinion). The Estate had filed a separate case in federal court against Rhone and that case was dismissed without prejudice.

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The Estate filed the Kansas neglect declares against the DOC in the district court. The court granted summary judgment to the DOC finding all claims were disallowed by res judicata based upon the judgment given in the federal case. Regarding Rhone, the court held the Rhone owed no task to Vaughn due to the fact that Rhone did not understand or have any reason to understand that Vaughn was likely to do damage to himself.

For circumstances, in Ruebke v. Globe Communications Corp., 241 Kan. 595, 738 P. 2d 1246 (1987 ), the plaintiff's action to a movement for summary judgment included just basic referrals to the whole trial records. The court upheld the trial court's judgment that the opposing celebration was considered to have actually confessed the uncontroverted truths, saying that the rule vests discretion on the trial judge "whose sound discretion will not be interrupted on appeal without a clear proving of abuse.

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One who asserts the court has abused its discretion bears the problem of showing such abuse of discretion."241 Kan. at 604. Here, the district court that discovered all however three of the DOC's realities noted in its summary judgment movement were uncontroverted by the Estate and the remaining 3 were not satisfactorily controverted by the Estate in its reaction.