Hinshaw, Sedgwick County dropped from lawsuit alleging sex crimes by deputy

A judge has dismissed former Sheriff Robert Hinshaw and Sedgwick County as defendants in a lawsuit by a man alleging he was raped and sexually assaulted by a deputy in 2012 while an inmate in the county jail.

The order by U.S. District Judge Carlos Murguia this week leaves the former deputy, David Kendall, as a defendant in the lawsuit.

The other defendants argued that Kendall “was acting outside of the scope of his employment, and therefore, they cannot be held liable for his actions,” the order said.

Hinshaw wasn’t Kendall’s direct supervisor, and the lawsuit failed to show that the county “acted with deliberate indifference to an excessive risk of sexual misconduct,” the court document said.

The order also cleared Hinshaw of failing to do employee reviews and background checks and of not disciplining jail staff for inappropriate actions.

Kendall pleaded no contest in June 2014 to six counts of attempted unlawful sexual relations with inmates and one count of making a false information. Originally, prosecutors charged him with dozens of crimes, including felony aggravated criminal sodomy and misdemeanor sexual battery.

Kendall was later sent to prison for a probation violation.

Hinshaw served as sheriff from 2008 until late 2012. He lost to Jeff Easter in the Republican primary.

This story was originally published March 30, 2016 at 3:57 PM with the headline "Hinshaw, Sedgwick County dropped from lawsuit alleging sex crimes by deputy."