Hutchings v. Mattivi

CourtDistrict Court, D. Kansas
DecidedSeptember 8, 2025
Docket5:24-cv-04080
StatusUnknown

This text of Hutchings v. Mattivi (Hutchings v. Mattivi) is published on Counsel Stack Legal Research, covering District Court, D. Kansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hutchings v. Mattivi, (D. Kan. 2025).

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS

DAVID S. HUTCHINGS,

Plaintiff,

v. Case No. 24-4080-DDC

TONY MATTIVI,

Defendant.

MEMORANDUM AND ORDER

Kansas law provides employment protections for specified employees of the Kansas Bureau of Investigation (KBI) under Kan. Stat. Ann. § 75-711. This case asks the court to decide § 75-711’s reach. Specifically, it asks whether terminating a KBI Associate Director triggers § 75-711(c)’s statutory protections. The court concludes it does. Plaintiff David S. Hutchings worked as the KBI Associate Director until defendant Tony Mattivi, KBI Director, asked plaintiff to step down so defendant could appoint a new Associate Director. Plaintiff alleges that he inquired about securing another position within the KBI. But defendant preferred that plaintiff leave the agency. Plaintiff contends that § 75-11(c) entitled him to return to his previous position in the KBI, instead of leaving the agency. And—by foreclosing that return—plaintiff claims that defendant violated his due process rights and tortiously interfered with his prospective business relations. Defendant filed a Motion to Dismiss (Doc. 6). He argues that the statutory language triggers an Associate Director’s right to return only on “expiration”—not “termination”—of the appointment. And here, defendant terminated plaintiff. Plaintiff’s appointment thus didn’t expire so as to fall under § 75-711(c)’s employment protections, defendant asserts. The court denies defendant’s motion. It concludes that the plain language of the statute doesn’t support defendant’s argument. I. Background

The court recites the following background facts from the Complaint. The court accepts the Complaint’s facts as true, and views them in the light most favorable to plaintiff—the party opposing the Motion to Dismiss. Doe v. Sch. Dist. No. 1, 970 F.3d 1300, 1304 (10th Cir. 2020) (explaining on a motion to dismiss the court “accept[s] as true all well-pleaded factual allegations in the complaint and view[s] them in the light most favorable to” the party opposing the motion (citation and internal quotation marks omitted)). Plaintiff’s Employment Plaintiff began working for the KBI as a Special Agent I in November 1990. Doc. 1 at 3 (Compl. ¶ 10). After completing a probationary period, plaintiff became a permanent classified employee as a Special Agent I. Id. The KBI promoted plaintiff to Special Agent in Charge (SAC) in February 2008. Id. (Compl. ¶ 11). He again completed a probationary period and

became a permanent, classified employee as an SAC. Id. Then, in September 2011, the KBI promoted plaintiff to serve as the bureau’s Associate Director, making him an unclassified employee. Id. (Compl. ¶ 12). Plaintiff’s Termination In June 2023, defendant asked plaintiff to step down from the Associate Director role. Id. (Compl. ¶ 14). Defendant—confirmed as KBI Director earlier in 2023—intended to appoint a new Associate Director. Id. (Compl. ¶¶ 13, 15). In response to defendant’s step-down request, plaintiff inquired about assuming another position in the KBI. Id. (Compl. ¶ 14). Defendant informed plaintiff that he’d prefer for plaintiff to leave the agency. Id. On June 29, 2023, plaintiff received a letter from KBI’s human resources office purporting to accept his “retirement as Associate Director” of the KBI “effective August 1, 2023.” Id. at 4 (Compl. ¶ 18). Plaintiff never told defendant or anyone from human resources

that he was resigning or retiring from the KBI. Id. at 4, 6 (Compl. ¶¶ 16, 18, 22). On July 3, 2023, plaintiff sent an email to defendant clarifying that it was “not [his] choice to leave employment with the KBI” and asking to “discuss options[.]” Id. at 5 (Compl. ¶ 19). Two days later, defendant placed plaintiff on immediate administrative leave. Id. at 6 (Compl. ¶ 21). On July 31, 2023, plaintiff’s administrative leave ended and the KBI terminated his employment. Id. (Compl. ¶ 22). II. Legal Standard Fed. R. Civ. P. 12(b)(6) allows a party to move to dismiss an action for failing “to state a claim upon which relief can be granted[.]” For a complaint to survive a Rule 12(b)(6) motion, the pleading “must contain sufficient factual matter, accepted as true, to ‘state a claim to relief

that is plausible on its face.’” Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (quoting Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007)). “A claim has facial plausibility when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged.” Id. (citing Twombly, 550 U.S. at 556). “The plausibility standard is not akin to a ‘probability requirement,’ but it asks for more than a sheer possibility that a defendant has acted unlawfully.” Id. (quoting Twombly, 550 U.S. at 556). “If, in the end, a plaintiff’s ‘well-pleaded facts do not permit the court to infer more than the mere possibility of misconduct,’ the complaint fails to state a claim.” Warnick v. Cooley, 895 F.3d 746, 751 (10th Cir. 2018) (quoting Iqbal, 556 U.S. at 679). When considering a Rule 12(b)(6) motion to dismiss, the court must assume that the factual allegations in the complaint are true, but it is “‘not bound to accept as true a legal conclusion couched as a factual allegation[.]’” Iqbal, 556 U.S. at 678 (quoting Twombly, 550 U.S. at 555). And, while this pleading standard doesn’t require “‘detailed factual allegations,’” it demands more than a “pleading that offers ‘labels and conclusions’ or ‘a formulaic recitation of

the elements of a cause of action’” which, the Supreme Court has explained, “‘will not do.’” Id. (quoting Twombly, 550 U.S. at 555). III. Analysis Plaintiff brings three claims against defendant—two due process claims and one tortious interference claim. Doc. 1 at 6–9. Defendant contends that all three claims fail as a matter of law because the KBI terminated plaintiff’s employment, which means that his term didn’t expire so nothing triggered the employment protections provided by § 75-711(c). As relevant here, § 75-711(c) provides that any “person who was a member of the bureau at the time of appointment as . . . associate director . . . upon the expiration of their appointment, shall be returned to an unclassified or regular classified position[.]” The legislature’s use of the word

“expiration” provides the fulcrum of this case. Before addressing the merits of defendant’s argument, the court outlines the governing law for each of plaintiff’s three claims and explains how each one interacts with defendant’s argument. Then, the court considers whether termination can trigger § 75-711(c)’s return-to- position requirements under the statute’s plain language. A. Due Process Claims Plaintiff brings § 1983 claims against defendant, in his individual and official capacities, claiming that defendant violated plaintiff’s due process rights. Doc. 1 at 6 –8 (Compl. ¶¶ 23– 32). Our Circuit has explained that “‘[p]rocedural due process imposes constraints on governmental decisions which deprive individuals of liberty or property interests within the meaning of the Due Process Clause of the . . . Fourteenth Amendment.’” Brown v. Montoya, 662 F.3d 1152, 1167 (10th Cir. 2011) (quoting Mathews v. Eldridge, 424 U.S. 319, 332 (1976)).

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Board of Regents of State Colleges v. Roth
408 U.S. 564 (Supreme Court, 1972)
Mathews v. Eldridge
424 U.S. 319 (Supreme Court, 1976)
Sosa v. Alvarez-Machain
542 U.S. 692 (Supreme Court, 2004)
Bell Atlantic Corp. v. Twombly
550 U.S. 544 (Supreme Court, 2007)
Ashcroft v. Iqbal
556 U.S. 662 (Supreme Court, 2009)
Sylvia Driggins v. City of Oklahoma City, Oklahoma
954 F.2d 1511 (Tenth Circuit, 1992)
Brown v. Montoya
662 F.3d 1152 (Tenth Circuit, 2011)
Koessel v. Sublette County Sheriff's Department
717 F.3d 736 (Tenth Circuit, 2013)
Stoldt v. City of Toronto
678 P.2d 153 (Supreme Court of Kansas, 1984)
Boatright v. Kansas Racing Commission
834 P.2d 368 (Supreme Court of Kansas, 1992)
Turner v. Halliburton Co.
722 P.2d 1106 (Supreme Court of Kansas, 1986)
Devin Hamden v. Total Car Franchising Corp
548 F. App'x 842 (Fourth Circuit, 2013)
McDonald v. Wise
769 F.3d 1202 (Tenth Circuit, 2014)
Brown v. University of Kansas
599 F. App'x 833 (Tenth Circuit, 2015)
Jane Doe No. 1 v. Backpage.Com, LLC
817 F.3d 12 (First Circuit, 2016)
Warnick v. Cooley
895 F.3d 746 (Tenth Circuit, 2018)
Commonwealth v. Williamson
971 N.E.2d 250 (Massachusetts Supreme Judicial Court, 2012)
Brown v. University of Kansas
16 F. Supp. 3d 1275 (D. Kansas, 2014)

Cite This Page — Counsel Stack

Bluebook (online)
Hutchings v. Mattivi, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hutchings-v-mattivi-ksd-2025.